352. How to sack underperforming committee members
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I’m sharing both the legal and practical steps owners can take to deal with underperforming or misbehaving committee members – including relevant Tribunal cases.
**UPDATE** Since this podcast episode was published, the NSW strata law has changed. From 11 December 2023, owners can now remove strata committee members from their positions by passing an ordinary resolution at a general meeting. A special resolution is no longer required. You can learn more about these new strata laws in podcast episode no. 383.
Links Mentioned:
- Get the transcript here!
- Your Strata Property Facebook Page
- Section 237 – Orders for appointment of strata managing agent | Strata Schemes Management Act 2015 (NSW)
- Section 238 – Orders relating to strata committee and officers | Strata Schemes Management Act 2015 (NSW)
- Lockrey v Rosewall [2022] NSWCATCD 27 (23 February 2022)
- Laws v The Owners – Strata Plan 97230 [2022] NSWCATCD 131
- Linney v The Owners – Strata Plan No. 11669 [2021] NSWCATCD 123 (8 December 2021)
really interesting to hear that the Tribunal considers cttee member behaviour as separate to their duty on the cttee. perhaps a way of dealing with an errant cttee member is to look at the by-laws and see if they can be applied – if a code of conduct is in one of them then surely that could be used to address what sounded like appalling meeting behaviour towards one of the owners.
If I remember section 232 was created to get rid of bullies in a Strata Scheme. Nothing happened with that section so the only way we can do better is to wait until the Bullies move out.
Like I said on earlier replies, we are in a Big Mess in Strata Living and it’s getting worse because the Regulator we should rely on its not doing its job.
Hi Amanda
First time I heard your pod cast. First time in the site. Very interesting. I hope you can help me out with my following question.
Can a building Manager in the strata committee and a SC secretary
Can a building management company director in th Strata committee
Building management claiming the SC position as a company representive for pvt lot 1BR unit they own in the building.
Second SC position as a company representive for the building management office lot they own and pay levey of $38/ quarter
Dear Marian,
I am sending this message on behalf of Amanda Farmer.
Due to the overwhelming demand for Amanda’s services, she is no longer able to personally respond to every comment posted on the public side of the website. The best way to seek Amanda’s guidance is either:
(a) inside the members-only QandA Forum, enjoyed by paying members of our online community. Membership is just $67/month with no lock-in. Your instant access is here: http://www.stratamembership.com, or
(b) engaging Amanda as your lawyer, via her legal practice Lawyers Chambers. Amanda’s hourly rate for one-on-one legal services is $750 plus GST. You can make contact with Amanda’s practice to check her availability by emailing enquiries@lawyerschambers.com.au.
-Mina
YSP Support Team