Question: Can an owner who is not a committee member submit a motion to a committee meeting in NSW?
Answer: An owner’s right to submit motions does not extend to motions for strata committee meeting agendas.
Under clause 4 of Schedule 1 of the Strata Schemes Management Act 2015 (NSW) (SSMA), owners in a strata scheme have the right to submit motions for inclusion on the agenda of a general meeting. However, this right does not extend to motions for strata committee meeting agendas.
The agenda for a strata committee meeting is determined solely by the secretary of the owners corporation. This applies not only to owners who are not committee members but also to members of the strata committee itself.
Nevertheless, an owner—whether a committee member or not—can approach the secretary to request the inclusion of a motion. The decision to add the motion to the agenda remains entirely at the discretion of the secretary.
This post appears in the February 2025 edition of The NSW Strata Magazine.
Tim Sara
Strata Choice
E: tsara@stratachoice.com.au
P: 1300 322 213
Good morning,
There is a clear and pressing need for fundamental reform of the NSW strata legislation to strengthen transparency and accountability for all lot owners. The current environment continues to allow certain strata management companies—often supported by influential committee members—to operate in ways that prioritise personal or commercial gain over the collective interests of owners. Without decisive intervention from the relevant state regulatory authorities, such practices are likely to persist unchecked.
In the interest of fairness, governance, and transparency, I respectfully propose the following measures for consideration:
1. For Annual General Meetings (AGMs), a lot owner should be limited to holding no more than five proxies per 200 lots, to prevent disproportionate influence.
2. Related parties associated with the same lot should not be eligible to serve concurrently on the strata committee, thereby avoiding conflicts of interest.
3. Office bearers—namely the Chairperson, Secretary, and Treasurer—should serve a maximum term of one year, followed by a mandatory one-year break before being eligible to stand again. This would encourage rotation and reduce the concentration of power.
4. Under a clearly defined delegation of authority, any expenditure of AUD 70,000 or more should require approval at an AGM, ensuring broader owner oversight for significant financial decisions.
5. The appointment of key service providers—including the strata managing agent, insurer, and building manager—should be subject to approval at an AGM, reinforcing transparency and collective decision-making.
6. The legislation should prohibit individuals or companies from deriving undisclosed or inappropriate financial benefit from the management of strata schemes. Such practices contribute to escalating strata levies and undermine trust. Greater scrutiny and enforcement are essential to eliminate these behaviours.
These proposed changes would go a long way towards restoring confidence, enhancing governance standards, and ensuring a more transparent and equitable framework for all lot owners. Thank you!