#23825
Jimmy-T
Keymaster

    Below is what the Act says (note section b).  Generally, it is accepted that if something is not forbidden, then it is allowed. If the owners don’t want the strata managers to make a loan arrangement, they should pass a motion forbidding them from doing so.  Remember, unless they are there by statutory appointment, the strata manager answers to the owners, not the other way round.

     

    24   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 the accounting for, money of the owners corporation or the keeping of the books of account of the owners corporation unless the person is:

    (a)  a member of the owners corporation or of the executive committee and the treasurer of the owners corporation or of the executive committee, or

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

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

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

    (d1)  a member of the Institute of Public Accountants authorised by the owners corporation to exercise the function, or

    (e)  during the initial period only—a person authorised by the original owner to exercise the function.

    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.