NSW: Q&A Owners Corporation Committee Decisions

Question: During closed-door meetings, the committee vote on each agenda item frequently without costings or reasons for decisions. As an owner, what can I do?

The chair of the Strata committee enforces the ‘owners cannot interrupt’ rule. All decisions are made behind closed doors before the formal Strata Committee meeting.

These closed-door meetings result in an affirmative or negative vote on each agenda item frequently without costings or reasons for decisions. These meetings have not been classified as ‘ subcommittee’ meetings.

If an owner wants to make a comment, can the comment be added to the agenda by way of a motion after it has been issued? Once the agenda is issued, I thought it couldn’t be altered.

What can I do about both issues?

Answer: As an owner you have rights to block the strata committee from considering a matter.

Under the strata legislation, non-members of the Strata Committee may attend a meeting of the strata committee but are not entitled to address the meeting unless authorised to do so by resolution of the strata committee. “Subcommittee” meetings are not recognised under the strata legislation.

You are correct that agendas may not be amended once issued, however, as an owner you have rights to block the strata committee from considering a matter if you have support from other owners and together you have unit entitlements which exceed 1/3 of the aggregate unit entitlement) (Sch 2, Section 9(3)) and if you give notice to the secretary of the owners corporation that you oppose the decision before the decision is made. An alternative approach would be to requisition motions at the owners corporation/general meeting level which would supersede a decision of the strata committee.

For the full question and our detailed response, visit the original publication at Look Up Strata.

Do you have a question relating to your property or development? Contact us!

‘Liability limited by a scheme approved under Professional Standards Legislation’.

Leave us a Review

If you are a client of Premium Strata, we would greatly appreciate if you could leave us a google review of your positive experience about our team and work. If you have any feedback or require any assistance, please do not hesitate to contact us.