This article discusses the strata committee majority to apply to NCAT and explains the voting requirements and when owners can oppose the decision.
Question: A Strata Committee member proposes to take a dispute to NCAT. What percentage of Committee members must agree to permit this? It is a simple majority or 75%? Should all owners have a voice?
Answer: This would be a decision to be made by a majority of the Strata Committee.
This would be a decision to be made by a majority of the Strata Committee. This should be made at a formally held Strata Committee meeting and the manner of voting is specified as per Schedule 2, section 9 of the Strata Schemes Management Act 2015 as detailed below.
NSW Civil and Administrative Tribunal (NCAT) would consider the minuted decision of the Strata Committee as sufficient authority as they make the day to day decision of the Owners Corporation. Further to this the owners have an ability under Section 9 of the Strata Schemes Management Act 2015 to oppose this being considered by the Strata Committee.
9 Decisions at meetings
- Voting at meetings – A motion put to a meeting is to be decided according to a majority of the number of the votes cast for and against the motion by the members present …
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- Decisions to have no effect if opposed by more than specified owners A decision of a strata committee has no force or effect if, before the decision is made, notice is given to the secretary of the owners corporation by one or more owners, the sum of whose unit entitlements exceeds one-third of the aggregate unit entitlement, that the making of the decision is opposed by those owners.
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This post appears in Strata News #559.
Robert Fothergill Strata Life E: Robert@thestratalife.com.au P: 02 9456 9917