Executive committee meetings
A decision of the executive committee is taken to be the decision of the owners corporation, however the following decisions may not be made by the executive committee:
- a decision that is required to be made by the owners corporation by unanimous resolution or special resolution or in general meeting
- a decision on any matter that the owners corporation has determined in general meeting is to be decided only by the owners corporation in general meeting
No individual executive committee member can make a decision for the owners corporation.
In the event of a dispute between the owners corporation and its executive committee, the decision of the owners corporation prevails.
Owners corporation general meetings
The owners corporation can only make decisions at properly convened general meetings:
- the annual general meeting (AGM, held once a year), and
- extraordinary general meetings (EGMs, held at any other time)
The Act specifies a number of decisions that must be made by special resolution or ordinary resolution of the owners corporation. Only those potentially relevant to sustainability initiatives by owners corporations are listed here.
Decisions requiring a special resolution of the owners corporation in a general meeting include those to:
- amend, create or repeal bylaws
- amend, create or repeal an exclusive use or special rights bylaw
- add to, alter or erect a structure on common property
- grant a licence to a lot owner to use common property
- decide if it is inappropriate to maintain, renew, replace or repair a particular item of property of the owners corporation
- amend or revoke a previous special resolution
Decisions requiring an ordinary resolution of the owners corporation in a general meeting include those to:
- decide what matters cannot be decided by the executive committee or strata managing agent
- appoint a strata managing agent and determine the extent of delegation of powers, and to revoke an appointment and delegations
- appoint or terminate a caretaker
- determine the levies payable by owners to the administrative fund and sinking fund
- determine special levies payable by owners
Strata managing agents and caretakers
If the owners corporation engages a strata managing agent or caretaker to work for it, and these agents are delegated some responsibilities and powers of the owners corporation, the owners corporation has the final responsibility and can overrule them.