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Strata Schemes Management Act 2015 No 50
Current version for 1 July 2020 to date (accessed 7 July 2020 at 16:45)
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.