Individual committee members can’t make unilateral decisions. In practice, there might be some minor things for which it is reasonable to ignore formalities. Eg. one committee member, who knows about the common property lighting, might just go ahead and replace a bulb whenever a light is out and might just go ahead and call the OC’s usual electrician if replacing the bulb didn’t fix it. 

Also, our ground contractor does routine pruning as they see fit to keep paths clear and for the general health and appearance of our plants. In addition, various unit owners and committee members might occasionally just snip off a bit that obviously needs doing without asking anyone. We might even remove a certain type of small tree that is not intentional and comes up as a weed around here. 

If there was someone complaining that things were going beyond reasonable, trivial and flexible into unreasonable, substantial and unjustifiably unilateral, and that is what you are saying, then, as an EC member, I would want to cover our arses by being extra diligent about recording a resolution to do each thing or to formalise delegations to do things (eg. ‘Member X is delegated to fixing lights’). I would also say that we should be extra careful to make sure reasons for decisions were recorded. That way we could demonstrate our reasonable efforts to make the right decisions, openly, with transparency etc. Self-defence, even if we thought we were being entirely reasonable. 

In practice members of committees I have been on would spend money on some routine stuff without asking each time and get reimbursed, but this was for things that were obvious and minor and the relevant people had done it before and always kept receipts and so on. Eg. buying some replacement light bulbs. We were always able to rely on committee members’ good sense to know when something was no longer minor and needed a committee decision. Eg. We have a budget for tree surgery and one person tends to handle tree matters (Handily, she has a forestry degree so knows about trees). She would get quotes for what she thought needed doing, but she would not go ahead until her recommendation had been approved by the committee. Also, we would not go ahead with any substantial work on a tree until she had talked to the unit owners that might be effected by it. 

So, no, your chair should not unilaterally approve pruning of common property trees, at least not if it was obvious that it would have an effect on your unit. 

As it happens, I was subject to just this sort of complaint not long ago. I helped a neighbour remove several leggy and overgrown large bushes/small trees from her unit boundary. One of her neighbours complained that we had also removed stuff from her garden (We didn’t.) and that we had effected the privacy and outlook from her unit (It could not have.). The accusation was quite bizarre because she would have to be able to see through a brick wall for the plants we removed to have had such an effect. We had talked to the people who could plausibly have been effected and they were all happy with the gardening we were doing. 

If at all possible, I suggest trying to find a sympathetic ear on the committee. If one person will listen, then that person as a committee member has a responsibility to supervise the treasurer and other office holders and see that money is spent with proper authority in accordance with the budget approved by the AGM and so on. They should have access to the accounts, most likely through the manager’s web site with a committee log on. 

Another option is to do that yourself having been elected at the next AGM. 

Another option is to visit the managing agent’s office having arranged to inspect the OC records. Any owner is entitled to do that. Take notes and then ask specific questions of the treasurer about what particular payments were for if they are not annotated sufficiently to work out. 

The strata manager might be slack but they might also be in a difficult position. They act for the OC as instructed by the committee and have to do as they are told, unless it would be clearly illegal. 

If you do some poking about, that might be enough to have the committee and manager being a little more careful to have things tightened up and more clearly kosher. 

The strata manager would be wise to cover his own arse by having it in writing that they advised the committee appropriately if the committee is acting contrary to the law. 

It seems to me that the chair is your target, not the strata manager. Ultimately, the buck stops with the committee. 

The act allows a tremendous amount of leeway for strata committee members who act “in good faith”.  

However, you can puncture that protective balloon by writing to them and telling them that they are running the building improperly, maintenance can only be decided by the owners corporation (or the strata committee acting on their behalf) and that in future – now that they know there are procedures that have to be followed – committee members who make arbitrary decisions without holding meetings with proper agendas and votes could be held personally responsible for the costs of the work or any complaints against them.

That should get their attention. If it doesn’t point out the following clauses in the Act.

9 Owners corporation responsible for management of strata scheme
(1) The owners corporation for a strata scheme has the principal responsibility for the management of the scheme.
(2) The owners corporation has, for the benefit of the owners of lots in the strata scheme:
(a) the management and control of the use of the common property of the strata scheme, and
(b) the administration of the strata scheme.
(3) The owners corporation has responsibility for the following:
(a) managing the finances of the strata scheme (see Part 5),
(b) keeping accounts and records for the strata scheme (see Parts 5 and 10),
(c) maintaining and repairing the common property of the strata scheme (see Part 6),
(d) taking out insurance for the strata scheme (see Part 9).

10 Functions of owners corporation generally
(1) An owners corporation has such other functions as may be conferred or imposed on it by or under this or any other Act.
(2) An owners corporation must not delegate any of its functions to a person unless the delegation is specifically authorised by this Act.

Re section 10 (2), I can’t find anything that specifically allow the owners corp of committee to delegate decisions on maintenance to one person.

37 Duty of members of strata committee
It is the duty of each member of a strata committee of an owners corporation to carry out his or her functions for the benefit, so far as practicable, of the owners corporation and with due care and diligence

@FrustratedLNS said:
…As soon as it is clear they have been breaching the legislation for years I am going to make submissions that owners are entitled to an audit of the finances and all decisions affecting the common property (I worry the necessary paperwork doesn’t exist if I try sell my place) since we have been denied due process and transparency in the decisions and we are entitled to know exactly what he has been up to and I am not paying for it!

Why not arrange to visit the managing agent’s office and ask for a copy of the ‘Account Payments’ for (say) the past 12 months? If they use software anything like the software our managing agent has, they should be able to produce a complete list of every payment from any date to any other date, and do so almost instantly. Then work through that till you have a list of questions for the treasurer.

If possible, ask to arrange a time with the treasurer to work through it face to face. Much of it will be routine eg. 85% of the expenses of our OC are for three items: our managing agent’s monthly fee, our grounds maintenance guys monthly bill and the annual insurance. All the rest is relatively small beer such as some plants, some mulch, some repairs to a bin enclosure, printing a newsletter, replacement light globes, an electrician call out to repair a light etc. You might find there is a reasonable explanation for everything or you might find the smoking gun you should focus your attention on. 

I would think anyone using the words “ultra vires” would have a legal background, eg, lawyer, law clerk or legal secretary.