#29803
Jimmy-T
Keymaster

    @Stevecro said:
    The number of members allowed on the SC is between 1 – 9. So in response to Jimmy’s answer, the minimum number is 1, you cannot have zero members on the SC.

    Well, exactly. I think you’re being a bit pedantic in correcting what I said.  A committee with zero members on it doesn’t exist so there has to be a minimum of one.

    My point was, there is no minimum in NSW, unlike some states that say there must be two or three, depending on the size of the strata scheme.

    Sir Humphrey, if there is no SC, the OC does not become the SC. One cannot become the other, they are two different groups. 

    Not so. In fact Section 29 (4) says this:  “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.”

    Also, they are not completely separate and distinct bodies. The Strata Committee can act as the owners corporation, provided those powers have been delegated, and many SCs do in matters that don’t require a special resolution. 

    Also the OC can rescind any decisions made by the strata committee and the chair of the committee is automatically the chair of the OC.  They may be different but they are closely intertwined.

    There are plenty of small strata schemes where the committee comprises all of the owners so the OC and SC are one and the same thing.

    FYI, Section 29 (1) says: “An owners corporation must appoint a strata committee of the owners corporation in accordance with this Act.”

    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.