› Forums › Strata Committees › When do owners need AGM permission, not just a committee level okay? › Current Page
There’s a lot of information about how committee members are supposed to behave, and what they’re allowed to decide, if you know where to look.
This, from the Qld Act (my emphases):
Section 100(5): The committee must act reasonably in making a decision.
Section 101 (2): the committee must put into effect the lawful decisions of the body corporate.
Section 101A: A committee member is not civilly liable for an act done or omission made in good faith and without negligence in performing the person’s role as a committee member.
Schedule 1A: Code of conduct for committee voting members
- Commitment to acquiring understanding of Act, including this code
A committee voting member must have a commitment to acquiring an understanding of this Act, including this code of conduct, relevant to the member’s role on the committee.
2. Honesty, fairness and confidentiality
(1) A committee voting member must act honestly and fairly in performing the member’s duties as a committee voting member.
From a Qld Government factsheet: Restrictions on committee decisions
The committee cannot make decisions about:
- changing the rights, privileges or obligations of lot owners
- decisions that must be made by ordinary resolution, special resolution, resolution without dissent, or majority resolution
I would be writing to the committee and telling them that now they know what they’re allowed to do, they will not be acting in good faith, and therefore will lose protection from personal liability, if they ignore the law. Previous erroneous decisions would be covered by ignorance, but future breaches would be negligence.
