Question: A long-serving member of our committee has, in my view, ignored the law and safety concerns for years. What can I do about it?
How can an owner protect themselves against a committee member, specifically our secretary, who I believe has shown total disregard for strata legislation and other laws, including public health and safety, over more than 25 years in the role?
In my view, this has driven almost all owners away, leaving mostly tenants exposed to the ongoing issues.
Answer: Length of tenure isn’t the issue. Specific breaches are what give an owner grounds to act.
In NSW, a lot owner is not powerless, even when a secretary or committee member has held influence for many years.
Based on the situation described, the key issue is not that someone has been secretary for 25+ years, but whether they have failed to comply with the Strata Schemes Management Act 2015 (SSMA), ignored health and safety obligations, failed to properly maintain common property, acted beyond their authority, or otherwise breached their duties. Committee members must exercise due care and diligence in carrying out their functions.
An owner may consider the following options:
1. Gather evidence
Before taking action, document specific examples of:
- Failure to maintain common property.
- Ignored health or safety risks.
- Failure to convene meetings or provide records.
- Decisions made without proper authority.
- Breaches of by-laws or strata legislation.
- Correspondence showing complaints were raised but not addressed.
Evidence is critical, particularly if the matter later proceeds to NSW Fair Trading mediation or NCAT.
2. Request records and transparency
Owners have rights to inspect any owners corporation records. Reviewing meeting minutes, correspondence, maintenance records, financial records, and reports may reveal whether the committee has acted appropriately.
3. Requisition a general meeting
Owners can seek to put motions before the owners corporation, including motions relating to:
- Electing a new committee.
- Replacing office bearers.
- Directing the committee to undertake specific actions.
- Engaging experts or obtaining reports regarding safety or maintenance concerns.
Democratic control ultimately rests with the owners corporation, not an individual secretary.
4. Remove the secretary or committee member
NSW legislation provides pathways for the owners corporation to remove committee members and office holders through the proper meeting process. Recent reforms have made removal by owners corporation resolution more accessible than under previous legislation.
5. Use NSW Fair Trading mediation
Where disputes arise concerning strata governance, maintenance, records, or committee conduct, mediation through NSW Fair Trading is often the first step before Tribunal proceedings.
6. Apply to NCAT
If there is serious misconduct, ongoing legislative non-compliance, or a failure to exercise due care and diligence, NCAT has powers under section 238 of the SSMA to remove strata committee members or officers in appropriate cases. Strong evidence is generally required because the Tribunal is reluctant to interfere with owners’ democratic decisions unless there are substantial grounds.
7. Health and safety concerns
If there are genuine public health, building safety, fire safety, or other risk issues, owners should not rely solely on the committee. Depending on the circumstances, reports can also be made to the relevant local council, Fire and Rescue NSW, SafeWork NSW, or other regulatory authorities with jurisdiction over the particular risk. Those issues can extend beyond strata governance and may attract separate legal obligations.
This post appears in the August 2026 edition of The NSW Strata Magazine.
Sean Bermingham
The Strata Collective
E: info@thestratacollective.com.au
P: 02 9137 2320
Leave a Reply