Question: Is a NSW strata committee legally required to prepare agendas and record minutes, and what can an owner do if these obligations are ignored?
I recently joined our 7-member strata committee. There are 14 units in the block. Previously, there has been zero transparency around decisions affecting us all.
We have a committee meeting soon. I asked for an agenda to be prepared and for minutes to be recorded and shared. I was told, “We don’t do it that way here.” The secretary does not appear to take responsibility for calling or recording meetings.
I’ve raised concerns about the lack of transparency and referred to the new 2025 regulations that mention fairness and honesty in strata committees. Soon, it will be mandatory for all of us to attend a course on our legal obligations.
These concerns are being ignored. Can you confirm whether the lack of agendas and minutes is compliant with NSW strata laws? What legal avenues do I have to force them to comply if necessary?
Answer: All strata meetings must be convened by way of a notice of meeting, and minutes of the meeting must be circulated within the timeframes stipulated in the strata legislation.
All strata meetings (general meetings and strata committee meetings) must be convened by way of a notice of meeting, and minutes of the meeting must be circulated within the timeframes stipulated in the strata legislation.
Your options include:
- You should request both agendas/minutes in writing to the delegated/appointed secretary.
- Should you not receive the same, you could report the matter to Fair Trading and Strata Community Australia (SCA).
- Take the matter to mediation as the initial step before lodging an application for orders with NCAT.
- Potentially take steps to replace either or both of the secretaries on the basis that it is an express function of a secretary to convene meetings and prepare and circulate minutes of meeting.
- Potentially seek compulsory appointment of your scheme, in that the owners corporation is not functioning properly.
- Investigate the potentiality of the delegated secretary being in breach of their management agreement.
This post appears in Strata News #752.
Leanne Habib
Premium Strata
E: info@premiumstrata.com.au
P: 02 9281 6440
The committee have voted 4 to 1 (me) to proceed to an NCAT hearing. This, despite proof that the same committee have overruled a Legislated Act with there own By Law. How do I proceed to stop this waste of time and money. Am I able to censure the committee?
Hi Ronald
Hopefully this Q&A assists: Question: A resolution was passed to replace air conditioning units and limit the hours of use. Many owners are not happy. Can we do anything to reverse the decision?
Could someone please provide the correct channel of raising matters when it comes to issues pertaining to their strata complex? In other words, does an occupant first have to contact the Strata Manager or is the Strata Committee the first port of call?
In our strata complex we don’t have a building manager.
I know that we have a letter box with the words ‘Owners Corporation’ labelled on the face of this letter box, but I don’t know if it ever gets cleared. I presume that the members on the Strata Committee have email and I don’t have any of the SC members’ email contact details which I thought I would be made available in the AGM Minutes after the Committee has been approved.. Am I right with my presumption?
Greatly appreciate it if someone could provide a basic step by step chain of who to contact and if the matter still hasn’t been addressed, then what is the next step?
SSMA 2015 – Section 9: Owners Corporation Responsible for Management of Strata Scheme
The Owners Corporation has the principal responsibility for managing the strata scheme.
It has management and control of common property for the benefit of all owners.
It is responsible for:
managing the scheme’s finances of the strata scheme
keeping accounts and records of the strata scheme
maintaining and repairing common property of the strata scheme
taking out insurance for the strata scheme
36 Functions of strata committee
The strata committee only has the functions given to it by this Act or any other Act.
A decision made by the strata committee is treated as a decision of the Owners Corporation, but if the Owners Corporation disagrees, the Owners Corporation’s decision overrides it.
The strata committee cannot make:
any decision that the law requires the Owners Corporation to make by unanimous resolution, special resolution, or in a general meeting, and
any decision that the Owners Corporation has decided, in a general meeting, must only be made by the Owners Corporation.
The Owners Corporation can still exercise any of its functions at a general meeting even when a strata committee exists.
I am on EA.
Our building Copper hot water pipe which is located in my unit leaks and damaged the ceiling of the unit below (owner)
The managing Agent is willing to send a plumber to investigate and repair the damages.
I have approved the action, but the rest of the committee is reluctant to approve.
The owner is not pushing the issue.
How can I protect myself from all this.
Thank you
You have owner’s corporate insurance for issues such as these.
The ceiling should be repaired.
The only question for the Committee is who pays the insurance excess – ie, the owners corporation or lot owner.
Hi sbeau
This article should assist: NSW: Q&A Duty to Maintain and Repair Common Property
Best way to deal with demonstrates clear bias towards one unit owner to the detriment of another.
An example is to act unconsciably by only having Imput from one unit owner and dictating to another. In a
Correspondence and proposed motions to be put on strata committee are ignored as are approaches to the strata committee for consultation. The advice to o refer issues to the strata manager who does not respond
Fair trading advised that full transparency was required , but they are soldiering in spite of that.
They take the approach that if I’m ignored, I will rollover which puts in a position of looking like a pest.
I need advice in how to counter their actions without jeopardising my self respect.
At the fair trading meeting the strata Manager attending on behalf of the strata committee was clearly advised that they had acted in error.
If a committee has approved an installation of an item (Electrical) some 4 years before, can a new committee overturn that decision ? If they can what needs to happen ? The Chairperson at the time of approval has since become deceased. I was on the committee at the time but took no part in the approval and a couple of other members are no longer within the complex. I would like to have an answer reasonably quickly if that is possible??
Hi Edward
Karina Heinz from Progressive Strata has suggested that this article may be helpful:
Unauthorised Works – Who is Responsible For Repairing Them
Our on-site manager recently sent a letter through to the committee advising us of the pool and bbq closure.
I asked if this could be forwarded onto the owners as well but was told that he needed to take instruction from the Chairperson only. She refused this.
He has stated that his communication to her only as the official liasion is per their agreement.
The chairperson also instructed that any motions for the upcoming meeting must be sent direct to her and she will approve their addition to the agenda.
Is this behaviour appropriate?
The Chair is not able to alter the order of the agenda without the consent of the meeting. A resolution may be passed by the meeting directing a specific change in the order of items in the agenda. This may arise from a request by the Chair for approval for a change if the Chair thinks this will facilitate the proceedings, or it may follow a motion moved by any other member.
It has been held that directors may deal with the business at a board meeting in whatever order they please: Re Cawley eT Co (1889) 42 Ch D 209.
There is nothing stopping an owner from putting a procedural motion to a GM that a motion be stood down the order; the meeting then votes if it wants to do it.
There is a NCAT case in my files somewhere that says the meeting (a GM) can conduct its business, having regard to the Act, how it sees fit or words to that effect. Which means if the meeting, by majority vote on a procedural motion, decides to rearrange the agenda then it can.
Your agent needs to go.
The Chair may not be able to alter the agenda of the meeting as I understand that that is a function of the Secretary, if I may add to Stephen’s comment.
So the Chair can refuse all they want, but it is not their concern.
I concur with Stephen’s view that the agent needs to go.