#80957
Jimmy-T
Keymaster

    This website is chockablock with questions and complaints from strata schemes that didn’t follow correct procedure when changes to common property were made without authority and they were left holding the baby when the renovator sold out and moved on, leaving some sort of DIY mess behind them.

    The laws are there for a reason.  The amended Act says this in section 37:

    37   Duty of members of strata committee

    (1)  Each member of a strata committee of an owners corporation has the following duties—

    (a)  to exercise the member’s functions—

    (i)  with honesty and fairness, and

    (ii)  with due care and diligence, and

    (iii)  for the benefit, as far as practicable, of the owners corporation,

    (b)  to comply with this Act and the regulations,

    Failure to pursue an obvious breach of by-laws and of the Act itself, looks like a breach of 1(a)ii and iii and 1(b). It would be interesting to see how the Tribunal viewed such laxity.

    To put it another way, if committee members are too timid or lackadaisical to uphold their own bylaws and strata law, they shouldn’t really be on the committee in the first place.

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