#84346
Jimmy-T
Keymaster
Chat-starter

    Regardless of all the other bits of strata law arounf the requirement to maintain and repair common property, you treasurer is overstepping his authority and inventing laws that don’t exist.  First have a strata committee meeting where you have an item on the agenda declaring the position of treasurer vacant and electing a replacement.  Then hold an EGM with one item on the agenda – removal of the treasurer from the committee.  A simple majority is enough.

    If he refuses to go, seek mediations and orders under Section 238 removing him from the office of treasurer and form the committee.

    238   Orders relating to strata committee and officers

    (1)  The Tribunal may, on its own motion or on application by an interested person, make any of the following orders—

    (a)  an order removing a person from a strata committee,

    (b)  an order prohibiting a strata committee from determining a specified matter and requiring the matter to be determined by resolution of the owners corporation,

    (c)  an order removing one or more of the officers of an owners corporation from office and from the strata committee.

    (2)  Without limiting the grounds on which the Tribunal may order the removal from office of a person, the Tribunal may remove a person if it is satisfied that the person has—

    (a)  failed to comply with this Act or the regulations or the by-laws of the strata scheme, or

    (b)  failed to exercise due care and diligence, or engaged in serious misconduct, while holding the office.

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