Can the owners corporation chairperson close building amenities without executive committee approval?

ACT
Rules & Bylaws
question
Lookupstrata community member

Without reference to the EC, our chair instructed our building staff to keep the heated pool closed for the first six weeks of Spring. When I complained about the loss of amenities to our 44-unit serviced apartment scheme, I was brushed aside. Does the Chair have the authority to make this decision?

answer
Nina Cannell
Nina Cannell Signature Strata

The chairperson (or any member of the EC) should not be operating in isolation, unless delegated the authority to do so by the EC more broadly.

Section 41 of the UTMA does not extend authority to the chairperson of the EC beyond any other members. Accordingly, the chairperson (or any member of the EC) should not be operating in isolation, unless delegated the authority to do so by the EC more broadly.

The Chairperson should be advised of the extent of authority under the Act and a decision made by the EC more broadly regarding closure of the pool or otherwise.

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