› Flat Chat Strata Forum › Strata Committees › Rogue Chairman and Strata Manager ignoring my correspondence › Current Page
The act allows a tremendous amount of leeway for strata committee members who act “in good faith”.
However, you can puncture that protective balloon by writing to them and telling them that they are running the building improperly, maintenance can only be decided by the owners corporation (or the strata committee acting on their behalf) and that in future – now that they know there are procedures that have to be followed – committee members who make arbitrary decisions without holding meetings with proper agendas and votes could be held personally responsible for the costs of the work or any complaints against them.
That should get their attention. If it doesn’t point out the following clauses in the Act.
9 Owners corporation responsible for management of strata scheme
(1) The owners corporation for a strata scheme has the principal responsibility for the management of the scheme.
(2) The owners corporation has, for the benefit of the owners of lots in the strata scheme:
(a) the management and control of the use of the common property of the strata scheme, and
(b) the administration of the strata scheme.
(3) The owners corporation has responsibility for the following:
(a) managing the finances of the strata scheme (see Part 5),
(b) keeping accounts and records for the strata scheme (see Parts 5 and 10),
(c) maintaining and repairing the common property of the strata scheme (see Part 6),
(d) taking out insurance for the strata scheme (see Part 9).10 Functions of owners corporation generally
(1) An owners corporation has such other functions as may be conferred or imposed on it by or under this or any other Act.
(2) An owners corporation must not delegate any of its functions to a person unless the delegation is specifically authorised by this Act.
Re section 10 (2), I can’t find anything that specifically allow the owners corp of committee to delegate decisions on maintenance to one person.
37 Duty of members of strata committee
It is the duty of each member of a strata committee of an owners corporation to carry out his or her functions for the benefit, so far as practicable, of the owners corporation and with due care and diligence