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Topic
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Many bylaws have the proviso “The owner or occupier of a lot must not, without the prior written approval of the owners corporation…..” – does this require an OC meeting to give approval to whatever is being considered if the StrataCommittee has not specifically been given a delegation under the relevant bylaw for that matter – such as may have been given for Minor Renovation approvals.
Seems ridiculous for requests to keep a dog and other such minor matters to require an OC meeting.
In the alternative, is there scope for a general by law delegating the Strata Committee authority to consider and approve specified matters?
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Replies
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In many cases the “approval of the owners corporation” can be given by the committee, or in cases where its delegated, by the strata manager.
There are circumstances where approval is required by the owners corporation. The act then usually says it has to be at general meeting.
So the law takes a sensible approach in that the committee is tasked with making the day to day decisions on behalf of the OC.
Yes, Section 36(2) of the Strata Schemes Management Act states that a “decision of a strata committee is taken to be the decision of the owners corporation”, but if there is a disagreement between the two, then the owners corporation decision prevails.
Schedule 2 in the Act sets out how decisions by the strata committee are made; essentially by a majority vote to a motion properly put at a strata committee meeting. Sufficient notice of the meeting must be given, and there must be an agenda listing the motions for the meeting, and minutes made and distributed afterwards.
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