NSW: Q&A Positions on the Strata Committee

 

Question: As an over 55s strata, our “pool” of likely contenders for interest in being a committee member is shrinking as lot owners age. We do have a good Strata Manager. What happens in this situation?

Our NSW over 55s Strata is due to have its AGM next month. At this stage, none of the current committee members are willing to stand again. We have all been on the committee for many years now. It is looking highly unlikely that any other lot owners will be willing to go on the Committee.

Our “pool” of likely contenders for interest in being a committee member is shrinking as the lot owners age. We do have a good Strata Manager. What happens in this situation?

Answer: The strata managing agent may be delegated the functions of the office-bearers.

Section 29 of the Strata Schemes Management Act, 2015 (NSW) provides:

29 Owners corporation to appoint strata committee

  1. An owners corporation must appoint a strata committee of the owners corporation in accordance with this Act.
  2. The owners corporation may appoint the strata committee before the first annual general meeting of the owners corporation.
  3. The members of the strata committee must be elected at the first annual general meeting of the owners corporation whether or not members were appointed before that meeting.
  4. If there is no strata committee of an owners corporation, the strata scheme must be administered by the owners corporation, but nothing in this subsection prevents a strata managing agent appointed under this Act from exercising any functions conferred on the agent.

So, in your situation, pursuant to sub-clause (4) the strata scheme is administered by the Owners Corporation and the strata managing agent may be delegated the functions of the office-bearers.

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

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