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This week, Reena and I discuss whether or not an owners corporation is obliged to affix the common seal to a lot owner’s development application. We recap some of the important rules when it comes to the election of the strata committee, and share a recent win in the Tribunal, relevant to access orders under s 124 of the Strata Schemes Management Act.
Links Mentioned:
- Get the transcript here!
- The Owners – Strata Plan No. 37762 v Dinh Phuong Dung Pham and anor [2006] NSWSC 1287 (29 November 2006)
- OC SP 50246 v Kumar (Strata and Community Schemes) [2013] NSWCTTT 585 (19 November 2013)
- Section 31 Strata Schemes Management Act 2015
- Regulation 9 Strata Schemes Management Regulation 2016
- Section 124 Strata Schemes Management Act 2015
Does the Strata committee have the owner to apply the seal without a prior general meeting?
Hi Melissa, yes I believe the strata committee has the power to affix the seal without a prior general meeting. A decision of a strata committee is said to be a decision of an owners corporation. The only matters that a strata committee cannot decide are those set out in the legislation (affixing the seal to a DA is not one of them) or any matters restricted to the Owners Corporation by the by-laws or a prior determination at a general meeting.