The ‘owner’ referred to in clause 7(4) of Schedule 2 of the Community Land Management Act 2021 is not the individual owners in the strata scheme, but the strata scheme itself, i.e. the owners corporation is the owner of the strata scheme.
Therefore, it appears as if the strata scheme can provide notice of opposing the decision of the committee and the owner corporation cannot consider the motion.
However, the community association can either:
- Resolve at a general meeting to appoint another person as secretary – see section 49(c) of the Community Land Management Act 2021; or
- Convene a general meeting and elect a new committee.
Matthew Jenkins
General Manager / Partner
Bannermans Lawyers
Bannermans Lawyers
www.bannermans.com.au