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We have downsized to a home unit in Sydney but find some of aspects of the Act and Regulations a bit unclear and hope that you can clarify Schedule 2, Part 3 Section 9(3) of the SSM Act 2015.
What can owners oppose a strata committee (SC) from making a decision on? Is it anything and everything (as long as it’s reasonable) or does it cover specific types of matters? We haven’t been able to find any information on this.
For example, some people on the SC have knowingly committed serious breaches of the Act in their own self-interests which badly affect many other lots.
The affected lot owners have sought their own independent solicitor’s advice and have been advised to sue the SC or just sue certain people on the SC (but not sue the owners corporation (OC) as a whole) and they have paid their own legal fees from their own pockets.
The SC has retaliated by instructing a solicitor to defend them and have now served notice of a SC meeting that includes a motion to use OC funds to pay their legal fees. As it’s not the OC that’s being sued, can other lot owners oppose the SC from making this decision?
Does it make any difference whether the whole SC is sued or whether only certain people on the SC are sued? Over one-third of lot owners have said that they want to oppose the SC making a decision to use OC funds to defend certain SC members or even the whole SC.
The reason is that owners feel that as the SC members knowingly breached the Act without any consideration for any other owners, they should pay their own legal costs from their own pockets and not from OC funds.
What would the situation be if a SC from another property UNknowingly committed a breach?