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