Dech – I take your point about Strata Managers, although wonder whether some omit to properly advise their Clients (Owners Corporations) simply because they themselves don’t know even the basic tenets of Strata Legislation.
With regard to Office Bearers “unawareness” being a defense, I seem to recall something in Law about a persons lack of awareness about a legal requirement only being a defense if it (the law) was not known to the person, and it had not been published or been otherwise reasonably accessible to them; that could hardly be claimed by Executive Committee Members or a Strata Manager for that matter with regard to the provisions of Strata Legislation.
Further, I can’t agree with advice about actions in good faith being a defense for an illegality, in fact our Insurer’s product disclosure statement makes it pretty clear that “any dishonest or fraudulent act, criminal act or malicious act or omission” by an Office Bearer renders that component of the policy null and void.