Strata Schemes Management Act 2015 No 50
Current version for 1 July 2020 to date (accessed 10 July 2020 at 06:26)
Part 3
Part 3 Strata committee of owners corporation
Division 1 Constitution of strata committee
29   Owners corporation to appoint strata committee
(1)  An owners corporation must appoint a strata committee of the owners corporation in accordance with this Act.
(2)  The owners corporation may appoint the strata committee before the first annual general meeting of the owners corporation.
(3)  The members of the strata committee must be elected at the first annual general meeting of the owners corporation whether or not members were appointed before that meeting.
(4)  If there is no strata committee of an owners corporation, the strata scheme must be administered by the owners corporation, but nothing in this subsection prevents a strata managing agent appointed under this Act from exercising any functions conferred on the agent.
30   Members of strata committee
(1)  The strata committee of an owners corporation is to consist of the number of persons determined by the owners corporation (not being more than 9).
(2)  The strata committee of a large strata scheme must consist of at least 3 members.
(3)  A strata committee for a strata scheme comprising 2 lots is to consist of the following persons—
(a)  the owner of each lot who is a sole owner or the company nominee of a lot if the sole owner is a corporation,
(b)  for each lot that is owned by co-owners, the co-owner nominated by the other co-owners or (if the co-owner nominated is a corporation) the company nominee of that co-owner, or if there is no such nomination, the co-owner first named on the strata roll.
(4)  The elected members of a strata committee must be elected at each annual general meeting of the owners corporation.
(5)  Nomination for election as a member of a strata committee (other than a tenant representative) may be made before or at the meeting at which the election is held.
(6)  The regulations may provide for the procedures for nomination of members of the strata committee.
31   Persons who are eligible to be appointed or elected to strata committee
(1)  The following persons are eligible for appointment or election to the strata committee of an owners corporation—
(a)  an individual who is a sole owner of a lot in the strata scheme,
(b)  a company nominee of a corporation that is a sole owner of a lot in the strata scheme,
(c)  an individual who is a co-owner of a lot or a company nominee of a corporation that is a co-owner of a lot in the strata scheme, if the person is nominated for election by an owner who is not a co-owner of the lot or by a co-owner of the lot who is not a candidate for election as a member,
(d)  an individual who is not an owner of a lot in the strata scheme, if the person is nominated for election by an owner of a lot who is not a member, or is not seeking election as a member, of the strata committee.
(2)  To avoid doubt, an individual who is a sole owner of a lot may nominate himself or herself, and an owner that is a corporation may nominate the corporation’s company nominee, for election as a member of the strata committee.
(3)  A sole owner of a lot in a strata scheme may not nominate more than one person for election as a member of the strata committee, except as provided by subsection (5).
(4)  Only one co-owner (including a company nominee of a co-owner) of the same lot may be a member of a strata committee at the same time, except as provided by subsection (5).
(5)  A person who is an owner of more than one lot in the strata scheme may nominate one person for election as a member of the strata committee for each lot for which the person is an owner.
32   Persons who are not eligible to be appointed or elected to strata committee
(1)  The following persons are not eligible for appointment or election to a strata committee or to act as members of a strata committee unless they are also the owners of lots in the strata scheme—
(a)  the building manager for the strata scheme,
(b)  a person who acts as an agent for the leasing of a lot or lots in the strata scheme to tenants,
(c)  a person who is connected with the original owner of the strata scheme or the building manager for the scheme, unless the person discloses that connection at the meeting at which the election is held and before the election is held or before the person is appointed to act as a member,
(d)  any other person prescribed by the regulations for the purposes of this section.
(2)  An owner of a lot in a strata scheme who was an unfinancial owner at the date notice was given of the meeting at which the election of a strata committee is to be held and who did not pay the amounts owing by the owner before the meeting is not eligible for appointment or election to the strata committee.
(3)  A person who becomes ineligible for appointment or election to a strata committee after being appointed or elected to the strata committee must disclose that fact to the secretary or chairperson of the owners corporation as soon as possible after becoming aware of that fact.
(4)  A disclosure by a person under this section, other than a disclosure that is made at a meeting of an owners corporation or strata committee, is to be made by written notice given to the secretary or chairperson.
33   Tenant representatives
(1)  This section applies to a strata scheme if there are tenants (being tenants notified in a tenancy notice given in accordance with this Act) for at least half of the number of lots in the scheme.
(2)  The tenants of lots in a strata scheme (being tenants notified in a tenancy notice given in accordance with this Act) may nominate one tenant representative for the strata committee.
(3)  The tenant representative on a strata committee, in that capacity—
(a)  is not entitled to vote on decisions of the committee or to put a motion or nominate a person for office, and
(b)  is not entitled to act as an officer of the owners corporation for committee purposes, and
(c)  cannot be counted in determining whether there is a quorum of the committee.
(4)  The strata committee, at any meeting or for the purpose of all meetings, may determine that a tenant representative is not entitled to be present when the following matters are being discussed or determined—
(a)  financial statements and auditor’s reports,
(b)  levying of contributions,
(c)  recovery of unpaid contributions,
(d)  a strata renewal proposal under Part 10 of the Strata Schemes Development Act 2015 or any related matter,
(e)  any other financial matter specified by the regulations.
(5)  The regulations may provide for the procedures for nomination of a tenant representative, including the term for which a tenant representative is appointed, the notification of an appointment and the end of an appointment.
34   Acting members of strata committee
(1)  A member of a strata committee may, with the consent of the strata committee, appoint an owner or company nominee of a corporation that is an owner who is eligible to be a member to act in his or her place as a member at any meeting of the strata committee.
(2)  The owner or company nominee appointed is, while so acting as a member, taken to be a member.
(3)  An owner or company nominee of a corporation may be appointed whether or not he or she is already a member of the strata committee.
(4)  If a person so appointed is a member of the strata committee, the person may, at any meeting of the strata committee, separately vote in the person’s capacity as such a member and on behalf of the member in whose place the person has been appointed to act.
35   Vacation of office of elected member of strata committee
(1)  An elected member of a strata committee vacates office as a member—
(a)  if the person was eligible to be a member at the time of election and the person ceases to be so eligible (other than because the person is an unfinancial owner), or
(b)  if the person was not an owner at the time of election or was a company nominee and the individual who nominated the person for election or the corporation for which the person is a company nominee ceases to be an owner or gives written notice to the owners corporation that the person’s office is vacated, or
(c)  on the receipt by the owners corporation from the person of notice in writing of the person’s resignation as a member, or
(d)  at the end of the next meeting at which a new strata committee is elected by the owners corporation, or
(e)  if the owners corporation, in accordance with a special resolution, determines that the person’s office as a member is vacated, or
(f)  if the person dies.
(2)  A strata committee may appoint a person eligible for election as a member to fill a vacancy in the office of a member of the strata committee, other than a vacancy arising under subsection (1) (d) or a vacancy in the office of an officer of the owners corporation. Any person so appointed holds office, subject to this section, for the balance of his or her predecessor’s term of office.
Note.
 Section 45 (2) provides for the filling of vacancies in the office of members who are officers of the owners corporation.
(3)  A special resolution that determines that the office of a member is vacated may relate to more than one member of a strata committee or to all members of a strata committee.
Division 2 Functions of strata committee
36   Functions of strata committee
(1)  A strata committee has the functions conferred on it by or under this or any other Act.
(2)  A decision of a strata committee is taken to be the decision of the owners corporation. However, in the event of a disagreement between the owners corporation and the strata committee, the decision of the owners corporation prevails.
(3)  The following decisions cannot be made by the strata committee—
(a)  a decision that is required by or under any Act to be made by the owners corporation by unanimous resolution or special resolution or in general meeting,
(b)  a decision on any matter or type of matter that the owners corporation has determined in general meeting is to be decided only by the owners corporation in general meeting.
(4)  An owners corporation may in general meeting continue to exercise all or any of the functions conferred on it by this Act or the by-laws even though a strata committee holds office.
37   Duty of members of strata committee
It is the duty of each member of a strata committee of an owners corporation to carry out his or her functions for the benefit, so far as practicable, of the owners corporation and with due care and diligence.
Note.
 Section 260 provides protection from personal liability for members of strata committees who act in good faith.
38   Acts and proceedings of strata committee valid despite vacancies or defects
(1)  This section applies if, when any act or proceeding of a strata committee was done, taken or commenced there was—
(a)  a vacancy in the office of an officer of the owners corporation or any other member of the strata committee, or
(b)  any defect in the appointment, or any disqualification, of any such officer or member.
(2)  Any act or proceeding of a strata committee done in good faith is as valid as if the vacancy, defect or disqualification did not exist and the strata committee were fully and properly constituted.
Division 3 Meetings of strata committee
39   Convening meetings
(1)  The secretary of the owners corporation may convene a meeting of the strata committee at any time.
(2)  The secretary of the owners corporation, or any other member of the strata committee, must convene a meeting of the committee if requested to do so by at least one-third of the members of the committee.
(3)  The meeting must be held—
(a)  in the case of a large strata scheme, not later than 28 days after the request is made, or
(b)  in the case of any other strata scheme, not later than 14 days after the request is made.
40   Meeting procedures and voting
Other procedures for meetings of a strata committee and voting at those meetings are set out in Schedule 2.
Division 4 Office holders
41   Strata committee to appoint officers
(1)  The members of a strata committee must, at the first meeting of the strata committee after they assume office as members, appoint a chairperson, secretary and treasurer of the strata committee in accordance with this Act.
(2)  The chairperson, secretary and treasurer of the strata committee are also, respectively, the chairperson, secretary and treasurer of the owners corporation.
(3)  A person may be appointed to one or more of the offices of chairperson, secretary and treasurer.
(4)  Nomination for election as an officer of the owners corporation may be made before or at the meeting at which the election is held.
(5)  The regulations may provide for the procedures for nomination of officers of the strata committee.
42   Functions of chairperson of owners corporation
The functions of the chairperson of an owners corporation include the following—
(a)  to preside at meetings of the owners corporation and the strata committee of the owners corporation,
(b)  to make determinations as to quorums and procedural matters at meetings of the owners corporation and the strata committee of the owners corporation.
43   Functions of secretary of owners corporation
The functions of a secretary of an owners corporation include the following—
(a)  to prepare and distribute minutes of meetings of the owners corporation and submit a motion for confirmation of the minutes of any meeting of the owners corporation at the next such meeting,
(b)  to give on behalf of the owners corporation and the strata committee of the owners corporation notices required to be given under this Act,
(c)  to maintain the strata roll,
(d)  to enable the inspection of documents on behalf of the owners corporation in accordance with this Act,
(e)  to answer communications addressed to the owners corporation,
(f)  to convene meetings of the strata committee and (apart from its first annual general meeting) of the owners corporation,
(g)  to attend to matters of an administrative or secretarial nature in connection with the exercise of functions by the owners corporation or the strata committee of the owners corporation,
(h)  any other functions conferred on the secretary under any other Act or law.
44   Functions of treasurer of owners corporation
(1) General functions The functions of a treasurer of an owners corporation include the following—
(a)  to notify owners of any contributions levied in accordance with this Act,
(b)  to receive, acknowledge, bank and account for any money paid to the owners corporation,
(c)  to prepare any strata information certificate,
(d)  to keep the accounting records and prepare the financial statements.
(2) Delegation by treasurer of functions The treasurer of an owners corporation may delegate the exercise of any of the treasurer’s functions (other than this power of delegation) to another member of the strata committee of the owners corporation if—
(a)  the delegation is specifically approved by the strata committee, and
(b)  the strata committee specifically approves of the function being delegated to that member, and
(c)  the delegation is subject to any limitations as to time or otherwise that the strata committee requires.
(3)  While a delegate is acting in accordance with the terms of the delegation, the delegate is taken to be the treasurer of the owners corporation.
(4) Strata committee may require treasurer to exercise functions jointly The strata committee of an owners corporation may, by a written notice given to the treasurer of the owners corporation, order the treasurer not to exercise any of the treasurer’s functions that are specified in the notice unless the treasurer does so jointly with another person so specified.
45   Vacation of office by officer
(1)  An officer of an owners corporation vacates office as an officer—
(a)  if the person ceases to be a member of the strata committee, or
(b)  on the receipt by the owners corporation from the person of written notice of the person’s resignation as an officer, or
(c)  if another person is appointed by the strata committee to hold that office, or
(d)  if the owners corporation, by special resolution, declares that the person’s office is vacated, or
(e)  if the person dies.
(2)  A strata committee is to appoint a person who is a member of the strata committee, or who is eligible to be a member of the strata committee, to fill a vacancy in the office of an officer of an owners corporation, other than a vacancy referred to in section 35 (1) (d). Any person so appointed holds office, subject to this section, for the balance of his or her predecessor’s term of office.
46   Payment of officers of owners corporation
An owners corporation may pay to a person who is an officer of the owners corporation or another member of the strata committee of the owners corporation an amount determined by the owners corporation at an annual general meeting in recognition of services performed by the person for the owners corporation in the period since the last annual general meeting.
47   Original owner to exercise officers’ functions before appointment of officers
The functions of the chairperson, secretary and treasurer of an owners corporation are to be exercised by the original owner of the strata scheme, or an agent of the original owner authorised in writing, until the offices are filled or until the end of the first annual general meeting of the owners corporation, whichever first occurs.
48   Tribunal may order meeting if no officers or strata committee
(1)  The Tribunal may, on application by an owner, mortgagee or covenant chargee of a lot in a strata scheme, make an order appointing a person to convene and hold a meeting of the owners corporation if there is not a chairperson, secretary and treasurer of the owners corporation, or if no strata committee exists, after the first annual general meeting of the owners corporation has been held.
(2)  The Tribunal may make any other ancillary orders it thinks fit, including the following orders—
(a)  orders relating to giving notice of the meeting,
(b)  orders relating to the person who is to preside at the meeting.
(3)  The person who is to convene and hold the meeting is to be a person nominated by the applicant, or appointed by the Tribunal, who has consented to the nomination or appointment.
(4)  The meeting is to be convened and held within the time (if any) specified in the order.
(5)  A person appointed by an order under this section to preside at a meeting is taken, while so presiding, to be the chairperson of the owners corporation.