NSW: Can a strata committee appoint non-members to management roles?

Question: Are roles related to the management of the complex like Fire Services Coordinator usually assigned to the elected members of the SC?

At our first Strata Committee (SC) meeting following the AGM where members of the SC were nominated and appointed to the SC, the husband of one of the SC members was given an official committee position of responsibility, Fire Services Coordinator.

Are roles related to the management of the complex usually assigned to the elected members of the SC or can the SC appoint someone they choose to key positions of responsibility for the management of the complex regardless of whether they are an elected member of the SC or not?

Answer: Fire Services Coordinator is not a role recognised by the strata legislation or an official committee position.

Fire Services Coordinator/the person to whom you refer is not a role recognised by the strata legislation or an official committee position, though various persons may assist the Owners Corporation. For examples, see excerpts below.

Without knowing the responsibilities of the role, whether this person is paid or qualified or is controlled by/reports to the strata committee, it is difficult to determine whether there is a breach of the legislation.

Strata Schemes Management Act 2015 – Sect 11

11 Other management bodies and persons who assist the owners corporation

The owners corporation for a strata scheme may be assisted in the carrying out of its management functions under this Act by any one or more of the following–

1. the strata committee of the owners corporation established in accordance with this Act,
2. a strata managing agent for the scheme appointed in accordance with Part 4,
3. a building manager for the scheme appointed in accordance with Part 4.

Strata Schemes Management Act 2015 – Sect 12

12 Owners corporation may employ persons to assist in exercise of functions

1. The owners corporation for a strata scheme may employ such persons as it thinks fit to assist it in the exercise of any of its functions.
2. The owners corporation must ensure that any person employed to assist it in the exercise of a function has the qualifications (if any) required by this Act or any other law for the exercise of that function.

This post appears in Strata News #597.

Leanne Habib
Premium Strata
E: info@premiumstrata.com.au
P: 02 9281 6440