Strata Committees – Powers, Obligations, Who can vote?
We receive many queries relating to SC appointments and meetings, below is an FAQ on the Strata Committee (SC) and its meetings.
Answer: No.
Where is the answer found?: Section 32(2)
Answer: No, and they also cannot vote if the person who nominated them is unfinancial.
Where is the answer found?: Schedule 2 clause 9(4).
Answer: Yes, they can nominate one person per lot they own.
Where is the answer found?: Section 31(5).
Answer: Maximum of 9, minimum of 3 for large schemes, or 2 for other schemes.
Where is the answer found?: Section 30(1) & (2).
Answer: No.
Where is the answer found?: Section 32(1)(a).
Answer: No.
Where is the answer found?: Section 32(1)(b).
Answer:Yes and yes, but only with the consent of the owner SC members.
Where is the answer found?: Section 34(1).
Answer: Yes, by ordinary resolution (used to require a special resolution).
Where is the answer found?: Section 35(1)(e).
Answer: No, and not even if nominated by another lot, unless they own more than one lot.
Where is the answer found?: Sections 31(4) and (4).
Answer: The SC appoints a replacement.
Where is the answer found?: Section 35(2).
Answer: Yes, all decisions made by the SC bind the OC, provided that the SC cannot make decisions that have to go to a general meeting (eg striking levies, appointing a strata managing agent, or any special resolutions). If the decisions of the SC and the OC at a general meeting conflict, the OC decision at a general meeting prevails.
Where is the answer found?: Section 36(2).
Answer: They have to act “for the benefit…of the owners corporation and with due care and diligence”. The OC indemnifies SC members for any decisions they make, as long as the decisions are made “in good faith for the purpose of executing” their functions.
Where is the answer found?: Sections 37 and 260.
Answer: The SC members present elect one of them to chair.
Where is the answer found?: Schedule 2 clause 8(2).
Answer: On a show of hands.
Where is the answer found?: Schedule 2 clause 9(1).
Answer: Within 7 days of the SC meeting or for large schemes, within 7 days of request.
Where is the answer found?: Schedule 2 clause 17(3).
Answer: Yes, as soon as they become aware, and at the SC meeting.
Where is the answer found?: Schedule 2 clause 18(1).
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