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30/10/2023 at 1:33 pm
#70985
If anyone is wondering about a strata manager assuming the duties of the strata committee where there is no such committee, the somewhat contradictory Section 29 of the NSW Act says this:
29 Owners corporation to appoint strata committee
(1) An owners corporation must appoint a strata committee of the owners corporation in accordance with this Act.
And this:
(4) If there is no strata committee of an owners corporation, the strata scheme must be administered by the owners corporation, but nothing in this subsection prevents a strata managing agent appointed under this Act from exercising any functions conferred on the agent.
Substitute “should” for “must” in 1) and it all makes sense, otherwise, 4) assumes that 1) has been ignored – so much for the imperative.
The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.
- This reply was modified 11 months, 1 week ago by .