#36680
Jimmy-T
Keymaster
    Section 36 permits the strata committee, if so delegated, to make decisions on behalf of the owners corporation provided these decisions either don’t require a special resolution or the Owners Corporation at a general meeting have decided they can ONLY be made at a general meeting.
    One example would be the approval of minor building works (work that doesn’t impact significantly on common property). Section 110 of the Act says an owner  “may carry out work for the purposes of minor renovations to common property in connection with the owner’s lot with the approval of the owners corporation given by resolution at a general meeting …”
    I believe (but I’m prepared to be proved wrong) that this is generally accepted to mean that the work can be done with approval from the committee (provided it has the standard delegation). The work mentioned includes everything from renovating a kitchen to installing wiring and beyond.
    36   Functions of strata committee

    (1)  A strata committee has the functions conferred on it by or under this or any other Act.

    (2)  A decision of a strata committee is taken to be the decision of the owners corporation. However, in the event of a disagreement between the owners corporation and the strata committee, the decision of the owners corporation prevails.

    (3)  The following decisions cannot be made by the strata committee:

    (a)  a decision that is required by or under any Act to be made by the owners corporation by unanimous resolution or special resolution or in general meeting,

    (b)  a decision on any matter or type of matter that the owners corporation has determined in general meeting is to be decided only by the owners corporation in general meeting.

    (4)  An owners corporation may in general meeting continue to exercise all or any of the functions conferred on it by this Act or the by-laws even though a strata committee holds office.

    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.