#28128
Austman
Flatchatter
Chat-starter

     As stated, I’m not against OCs getting involved in neighbourhood or community issues per se, although I can’t see where it’s part of their functions in OC Acts. What I’m concerned about is OC committees that claim to represent all the owners in the OC doing that without even consulting the owners. That’s what I mean by the “as the legal representative” of the OC  – which committees are.

    I’ve looked though the legislations in VIC, NSW and ACT. I can’t find anything that supports such committee actions. And, as others have pointed out, the issues might even concern moral values.

    As for the argument that just because the legislation doesn’t mention it, doesn’t mean it’s not allowed: at least there are some legal opinions on that. And so far, the ones I’ve found are not very supportive of that view. An example:

    committee members liability

    What should strata committee members do? Some suggestions:

    Always check that actions being taken are authorised for a strata committee under the SMA or other relevant Act. If in doubt as to whether a resolution of the owners corporation is required, obtain it.

    The legal opinion above also suggests that if a committee acts beyond its authority, it might even void office bearer liability insurance!

    IMO if there was committee decision to write a letter on a neighbourhood or community issue to council viz:

    On behalf of the 24 owners in strata plan 123, the Owners Corporation Committee requests the council to … 

    That will be beyond a committee’s authority unless the OC has approved it. But that’s what’s being proposed. I’m not going to support that.

    As a side note on checks and balances. In VIC, notifications and minutes of committee meetings need only be sent to committee members (not to owners) and there is no requirement for a notice board. Owners in VIC can be quite unaware of a committee’s activities unless they specifically ask or check the OC’s records.

    It’s not how I behave as an OC chair in VIC. I insist on sending out committee agendas and minutes to all the owners, but it is the way other OCs in VIC (where in those I am an owner only) behave.