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I am in NSW in block of 24 units (we have 23 owners as someone owns 2 units). We had a SC of 3 and there had been no SC meeting for at least 18 months. 2 committee members state that the treasurer would make decisions (eg approve work orders) without putting it to SC vote. Can the treasurer do this?
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I am not in NSW but the legislation where I am explicitly says a function of the committee is to supervise the treasurer. So, I expect the members of the SC can and should be monitoring the finances at least to the extent that they can satisfy themselves that the treasurer is doing things properly. I would expect that in practice some very trivial things could be left to the treasurer (eg. reimbursing someone for buying some light bulbs to fix a few common property lights) but other things should be committee decisions (eg. deciding to engage an electrician for more major work on the lights).
Also, the committee should be elected at each AGM. If the SC has not met for 18 months, am I right to suspect that perhaps you are not having AGMs either? If that is the case, then the OC is failing to comply with the legislation. Among other problems, there would be no approved annual budget to levy for and spend from.
Recent confirmation from Fair Trading in NSW is that in a life and death emergency involving faulty common property the SC needs to give three days notice with the agenda prior to making any decision – unless the OC has somehow introduced a resolution/rule/by-law (not sure what) that allows for exceptions. We have had four SM’s and none have mentioned this but it’s basic good business practice to have defined how an emergency is declared/ by whom / funds approval escalations etc. I have a similar query to yours but one thing is clear the OC would have to have formally voted to allow an SC member to appropriate funds without agenda/minutes.
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