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

Telemon Lawyers > FAQs > Strata Law > Strata Committee > 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 the owners corporation and the strata committee, the decision of theowners 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.

Decisions that must be made in general meeting or by special resolution include the making of a by-law (Section 141) or the setting of levies (Section 83).

Other decisions barred by the legislation include obtaining legal advice beyond the regulated limit (Section 103), the termination of a strata management agreement (Section 72) and some spending in “large” schemes (Section 102).

That list of exclusions still leaves the Strata Committee significant wide ranging decisions making power to manage the strata scheme.

If you are unsure whether you have the power to make a particular decision you should seek legal advice.

The 17th Congress of the Central Committee of the Communist Party of the Soviet Union: not a model committee.