Our OC has an issue as to whether a bylaw we are proposing would be invalid because it could be seen as contraveing the Strata Schemes Managment Act. We are a small OC and feel that with the added responisbilities and potential legal liabilities on Executive Committee members we would like to compel all members of the OC to also be members of the EC.
Occassionally owners not on the EC will state that a certain item of maintenance needs to be done. Sometimes the OC does not have the funds but the owners not on the EC willl not endorse a special levy to get the maintenance done. It was then pointed out that if the maintenance is not done and someone sued because of this lack of maintenance, it would be the EC members and not the OC members who would be sued.
The SSMA 1996 just says that (at s16) “An owners corporation must appoint an executive committee of the owners corporation in accordance with this Division”.
If we were to pass a bylaw to the effect that ‘all members of the OC are also members of the EC’ would that be a valid bylaw? Or can anyone see a problem with this?