Flat Chat Forum Strata Committees Current Page

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  • #50120
    AvatarHuyton
    Flatchatter
    Chat-starter

    Our Strata Committee has established a committee within the committee. They call themselves the Executive Members and established themselves as the only people whom can authorize any work to be done in the strata complex. They have told our Strata Manager only to do work approved by, and sent to them by, this “Executive Committee of the Strata Committee of the Owners Corporation”. This makes me a “Non Executive” member, and I get nothing to do. Our Strata committee consists of this ‘Executive Committee’ of three in a committee of five all up.

    Is this normal? Should all committee members have the same responsibility and authorizing abilities. Or should it be ok to authorize with any mixture of a majority?

    Thanks for your help.

Viewing 5 replies - 1 through 5 (of 5 total)
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  • #50221
    Avatarkaindub
    Flatchatter

    Remember that the Strata Manager is only an agent of the OC. Unless he knowingly does something wrong, he won’t be held liable.

    Its the committee who are doing the wrong.

    The SM should be advising the committee where he sees that they aren’t complying with the act.

    Are these decisions made by the Executive Committee made at a properly constituted committee meeting and minuted? If not then this Ezecutive is breaching the law

    #50202
    scotlandxscotlandx
    Strataguru

    It’s not normal and it’s not legal. By that I mean if the Executive Committee thinks it is making “decisions” and instructing the strata manager on the basis of those “decisions”, they are wrong. A decision of the Strata Committee is only valid when it is made by all of the members of the Committee, at a meeting of the Committee, for which proper notice has been given as required by the Act.

    As Jimmy points out, the only other valid decisions are those made by the owners in a general meeting.

    I suggest you contact the strata manager in writing and advise that it is your understanding that they may be acting on instructions regarding decisions that have not been validly made, and if they continue to do that they may be liable. You should also point out to the Chair and other two “executives” that they are breaching the law.

     

     

    #50134
    Jimmy-TJimmy-T
    Keymaster

    Office-bearers (or “officers” as they are called by Fair Trading in NSW) can or should only issue instructions based on decisions made by the committee or the owners corp in general meeting.

    As a member of the committee, you have your say when those decisions are being discussed.¬† If you are outvoted, that’s how democracy works.

    However, it is perfectly legitimate for the office-bearers – particularly the secretary – to be the only members allowed to issue instructions. Otherwise you get ordinary members of the committee thinking they have authority to do so when they don’t.

    There’s a reason NSW changed the name of the body from “Executive” to “Strata Committee” – some people were a bit above themselves.

    Whether or not that applies to your “executives”, only you can say.

    • This reply was modified 1 month, 2 weeks ago by .
    #50198
    AvatarHuyton
    Flatchatter
    Chat-starter

    Thanks for the responses. Problem is, the executives tend to go ahead once they have the majority, not waiting for any discussion from the remainder of the committee. I’m trying to change that, but…

    #50127
    AvatarColonel Schultz
    Flatchatter

    All members of the committee are entitled to vote including non office bearers. Technically there is no committee within a committee so to speak if I understand correctly.
    <p style=”text-align: left;”>If your committee is so divided¬† you might want look at your options.</p>
    Also, the strata manager may have terms that allows for it to carry out basic repairs under the Agency Agreement with your strata plan.

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Flat Chat Forum Strata Committees Current Page