#30529
Jimmy-T
Keymaster

    Under Section 13 of the Act (below) officer functions or duties can only be delegated to another committee member. 

    If no one on the committee wants to do it, and there is a suitable candidate among other owners, a member of the committee could resign, creating a vacancy, and the committee can then co-opt the owner to fill the position. Once the crisis is over, the co-opted member can resign and the previous member can be voted back on to the committee.

    Also, if the duties are financial, then Section 101 (also below) offers several options:

    Firstly under section (c) any can be person authorised by the committee to act jointly with the elected treasurer.

    Also under sections (d) and (e)  there’s also the opportunity to hire a qualified accountant to do the work.

     

    13   Functions that may only be delegated to member of strata committee or strata managing agent

    (1)  The following functions of an owners corporation, strata committee or officer of an owners corporation may be delegated to or conferred only on a member of the strata committee or a strata managing agent:

    (a)  the preparation of estimates for the purposes of section 79,

    (b)  the levying of contributions,

    (c)  the receiving of, acknowledging of, banking of or accounting for money paid to the owners corporation,

    (d)  having custody of any money paid to the owners corporation or making payments from any such money,

    (e)  the taking out of insurance required or permitted by this Act,

    (f)  the conduct of meetings of the owners corporation and handling of correspondence,

    (g)  the maintenance of records required to be kept under this Act,

    (h)  such other functions as may be prescribed by the regulations.

    (2)  This section is subject to sections 56 and 101.

    Note.

     Section 101 enables some of these functions to be exercised by certain other specified persons.

    101   Persons who can exercise functions relating to the finances and accounts of the owners corporation

    A person must not exercise any of the functions of an owners corporation or the treasurer of an owners corporation relating to the receipt or expenditure of, or accounting for, money of the owners corporation or the keeping of the books of account of the owners corporation unless the person is:

    (a)  the treasurer of the owners corporation, or

    (b)  a strata managing agent who is empowered to exercise the function, or

    (c)  a person with whom the treasurer of the owners corporation is required by a decision of the strata committee to exercise the function jointly, and who is enabling the treasurer to comply with the decision, or

    (d)  a member of CPA Australia, or a member of the Institute of Chartered Accountants Australia and New Zealand, authorised by the owners corporation to exercise the function, or

    (e)  a member of the Institute of Public Accountants authorised by the owners corporation to exercise the function, or

    (f)  during the initial period only—a person authorised by the owners corporation to exercise the function.

    Maximum penalty: 5 penalty units.

    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.