#30332
dustyrusty
Flatchatter

    The secretary has a duty under the act to answer correspondence.

    43   Functions of secretary of owners corporation

    The functions of a secretary of an owners corporation include the following:

    (a)  to prepare and distribute minutes of meetings of the owners corporation and submit a motion for confirmation of the minutes of any meeting of the owners corporation at the next such meeting, (b)  to give on behalf of the owners corporation and the strata committee of the owners corporation notices required to be given under this Act, (c)  to maintain the strata roll, (d)  to enable the inspection of documents on behalf of the owners corporation in accordance with this Act, (e)  to answer communications addressed to the owners corporation, (f)  to convene meetings of the strata committee and (apart from its first annual general meeting) of the owners corporation, (g)  to attend to matters of an administrative or secretarial nature in connection with the exercise of functions by the owners corporation or the strata committee of the owners corporation, (h)  any other functions conferred on the secretary under any other Act or law.

    By-laws cannot contradict the Strata Schemes Management Act or any laws for that matter.

    136   Matters by-laws can provide for

     

    (1)  By-laws may be made in relation to the management, administration, control, use or enjoyment of the lots or the common property and lots of a strata scheme.

     

    (2)  A by-law has no force or effect to the extent that it is inconsistent with this or any other Act or law.

     

    I like to think of the “law” in a transcending hierarchy (honoring some explicit stated exceptions, like parts of Corporations legislation not applying to OCs – which I think is stupid, but anyway).

    > Just about every other Act (Civil/criminal)

    >> Strata Act

    >>> By-laws

    >>>> Contracts (e.g. Agent Instrument)

    Interestingly, if you breach higher law it can void things below. For example, if a General meeting isn’t convened properly a contract resolved by the OC might not actually be in effect (in terms of legally).