Flat Chat Strata Forum Strata Committees Current Page

  • Creator
    Topic
  • #65940
    Ziggy
    Flatchatter

      There are a number of matters that have been on our AGMs for years now. Despite the owners resolving that these matters need to completed, nothing has come of it.

      Can the Secretary of the Strata Committee make a unilateral decision to get these issue completed? Or does a majority of SC members have to approve this action?

      What are SSMA laws around this?

    Viewing 1 replies (of 1 total)
    • Author
      Replies
    • #65963
      Jimmy-T
      Keymaster

        If the owner’s corporation has agreed to a course of action the secretary can go ahead and fulfil that remit without requiring the approval of the committee.  Remember, the owners tell the committee what to do, not the other way round.

        If you look at the roles of secretary and chair, as defined in the strata Act, the secretary’s include “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.”

        By way of contrast, the chair’s job is basically to chair meetings.

        I would say the secretary can and should follow the instrauction of the owners corp decided at a general meeting unless there is a minuted item on a strata committee agenda that gives a reason for not doing so.

        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

        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.

        The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.
      Viewing 1 replies (of 1 total)
      • You must be logged in to reply to this topic.

      Flat Chat Strata Forum Strata Committees Current Page