Category: Strata Committee

Telemon Lawyers > FAQs > Strata Law > Strata Committee

I’m on the strata committee and I think the committee needs some legal advice. How do we engage a lawyer?

Section 103 of the Strata Schemes Management Act 2015 (NSW) explains that before obtaining paid legal services, a resolution approving the use of this service must be passed at a general meeting of the owners corporation (OC). However, there are some exceptions where legal services can be obtained without OC approval, but only with approval […]

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How do I know if I am eligible to be appointed as a member of the strata committee?

  Section 31 of the Strata Schemes Management Act 2015 (NSW) states the following people are eligible to be a member of the strata committee: An individual or company nominee of a corporation that is the sole owner of a lot in the strata scheme; An individual who is a co-owner, or company nominee of […]

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How do I remove a member from the strata committee?

  Section 35 of the Strata Schemes Management Act 2015 (NSW) states six ways a strata committee member vacates their position: The member is no longer eligible to be a member; The person was not an owner when they were elected and the individual who nominated them is no longer an owner; They resign; A […]

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I want to elect a new secretary, treasurer or chairperson (officer). How do I do this?

  To elect an officer of the strata committee, a strata committee meeting must be called in which committee members are nominated as officers and a ballot is held. Regulation 11 in the Strata Schemes Management Regulation 2016 states that any member of the committee can nominate another member providing the nomination is given in […]

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How do I remove a secretary, treasurer or chairperson (officer) from their position?

Section 45 of the Strata Schemes Management Act 2015 (NSW) provides five ways that an officer’s position can become vacant: Firstly, the person is no longer a member of the strata committee (for example if the officer has sold their lot in the strata scheme); Secondly, the person resigns after providing written notice; Thirdly, another […]

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I want to call a strata committee meeting. How do I do this?

  Schedule 2, clauses 4 and 5 of the Strata Schemes Management Act 2015 (NSW) provides two ways to call for a strata committee meeting: The secretary convenes one at any time; and One third of the committee members ask for one to be held. Every member of the Strata Committee must be given at […]

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I’m on the Executive Committee, what kind of decisions can we make?

The Strata Committee has wide powers curtailed only by limitations the Owners Corporation has chosen to impose on the Strata Committee, and a number of statutory restrictions. Section 36 of the Strata Schemes Management Act 2015 says: (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 […]

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