#23167
Jimmy-T
Keymaster

    Strata Seal is a rubber stamp with the number of your strata plan on it.  It’s usually kept by the strata manager (which may explain why you have never seen it …).

    Not to be concused with Navy Seals, who are the USA’s elite special forces unit who, among other things, “got” Osama Bin Laden.

    Oh, that we had Strata Seals like that!

    Apropos of nothing, the phrase “signed, sealed and delivered” comes from affixing a seal in wax to a document. The seal was also often used to keep it closed until received by the appropriate person.  “Sealed” in that phrase has nothing to do with enveloped that have been glued shut.

    Anyway, here is a reference to seals from the Act:

    Part 4 Seal of owners corporation

    237   Who may keep seal of owners corporation?

    (1)  If an owners corporation has only one owner, the seal of the owners corporation must be kept by the owner or by the strata managing agent of the owners corporation.

    (2)  If an owners corporation has 2 or more owners, the seal of the owners corporation must be kept:

    (a)  by an owner, or member of the executive committee, that the owners corporation determines is to keep the seal or, in the absence of a determination, by the secretary of the executive committee, or

    (b)  by the strata managing agent of the owners corporation.

    (3)  A strata managing agent is entitled to custody of the seal of an owners corporation only to permit the exercise of the strata managing agent’s functions.

    (4)  Section 50 (2) and (3) of the Interpretation Act 1987 do not apply to an owners corporation.

    Note. Section 50 (1) (b) of the Interpretation Act 1987 provides that statutory corporations are to have a seal. Section 50 (2) and (3) of the Interpretation Act 1987 contain provisions relating to the keeping of the seal of a statutory corporation and the authentication of documents by a statutory corporation.

    238   How should the seal of the owners corporation be affixed?

    (1)  If an owners corporation has only one owner or 2 owners, the seal of the owners corporation must not be affixed to any instrument or document except in the presence of the owner or owners or the strata managing agent of the owners corporation.

    (2)  If an owners corporation has more than 2 owners, the seal of the owners corporation must not be affixed to any instrument or document except in the presence of:

    (a)  2 persons, being owners of lots or members of the executive committee, that the owners corporation determines for the purpose or, in the absence of a determination, the secretary and any other member of the executive committee, or

    (b)  the strata managing agent of the owners corporation.

    (3)  The strata managing agent must attest the fact and date of the affixing of the seal:

    (a)  by his or her signature, or

    (b)  if the strata managing agent is a corporation, by the signature of the president, chairperson or other principal officer of the corporation or by any member of staff of the corporation authorised to do so by the president, chairperson or other principal officer.

    (4)  A strata managing agent who has affixed the common seal of the owners corporation to any instrument or document is taken to have done so under the authority of a delegation from the owners corporation.

    (5)  Subsection (4) does not operate so as to enable a person to fraudulently obtain a benefit.

    (6)  A person is taken not to have fraudulently obtained a benefit from the operation of subsection (4) if the benefit was, without any fraud by the person, obtained before the seal was affixed.

    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.