If no NSW strata committee is elected, the owners corporation must administer the scheme collectively. Owners can call another general meeting, elect an eligible non-owner nominated by an owner, appoint a licensed strata manager to exercise delegated functions, or ask NCAT to appoint a person to convene a meeting or a compulsory strata manager.
If no one volunteers or is elected to a New South Wales strata committee, the strata scheme does not stop operating and the owners corporation does not disappear. The owners remain collectively responsible for the scheme and must continue meeting legal duties such as insurance, levies, records, repairs and annual meetings. Section 29 of the Strata Schemes Management Act 2015 says an owners corporation must appoint a strata committee, but the Act also recognises the scheme may temporarily have none — in that case, the owners corporation itself must administer the scheme.
Yes. Section 29 of the Strata Schemes Management Act 2015 says an owners corporation must appoint a strata committee in accordance with the Act. Committee members are normally elected at every annual general meeting. The owners corporation decides the number of positions, up to nine. A large strata scheme with more than 100 lots must have at least three members.
The Act nevertheless recognises that a scheme may temporarily have no committee. In that situation, the owners corporation itself must administer the scheme, while any appointed strata managing agent may continue exercising functions validly given to the agent.
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Nominations may generally be made in writing before the meeting or orally at the meeting, subject to the election rules and the candidate being eligible. The meeting chair should explain the practical consequences of having no committee and ask whether any eligible person is willing to stand. Owners can nominate themselves, another eligible owner or, in some circumstances, an eligible person who does not own a lot.
If the meeting ends without electing a committee, the minutes should clearly record that outcome and identify how the owners corporation will handle urgent administration and arrange another election attempt.
Yes. An individual who is not a lot owner can be elected if properly nominated by an owner who is not already a committee member and is not also seeking election. This can broaden the candidate pool — a nominated person might be a tenant, family member, retired owner, adviser or another trusted individual who is willing and eligible to serve.
A building manager or a real estate agent carrying out leasing functions for a lot in the scheme is generally ineligible unless that person also owns a lot. Connections with the original owner or building manager may also need to be disclosed.
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When there is no committee, the owners corporation itself must make decisions at general meetings. A licensed strata managing agent can also carry out functions validly delegated in a written appointment.
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A strata managing agent is not automatically an elected committee member and should not be described as the committee. However, the written appointment can authorise the strata manager to exercise all or specified functions of the chairperson, secretary, treasurer or strata committee. This often provides a practical administrative solution when owners have limited time.
Some powers cannot be delegated, including the power to make a delegation, a decision that the Act requires the owners corporation to make and determinations about levying or paying contributions.
The owners corporation appoints a licensed strata managing agent by resolution at a general meeting. The written appointment must set out the term, functions, delegations, remuneration and reporting arrangements. Appointing a professional strata manager can reduce the workload, but owners still need to attend general meetings and make decisions that the law reserves for the owners corporation.
Section 48 of the Strata Schemes Management Act 2015 allows NCAT to appoint a person to convene and hold a meeting when there are no officers of the owners corporation or no strata committee, and there is nobody able to lawfully call the meeting. This is a targeted order to unblock the governance stall.
If the scheme is not functioning satisfactorily, has failed to comply with an order, has failed to perform one or more duties or owes a judgment debt, NCAT may appoint or require the appointment of a licensed strata managing agent under section 237. The Tribunal may give that agent all functions, specified functions or all functions except specified functions of the owners corporation, and can also confer functions of the committee and office bearers. A compulsory appointment is a serious intervention, generally used when ordinary self-governance has failed, and can last up to two years unless varied earlier.
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A large strata scheme, generally a scheme with more than 100 lots, must have at least three committee members. If fewer than three eligible candidates are available, the scheme should urgently consider non-owner nominees, another election meeting and professional strata management. A large building usually has substantial financial, maintenance, safety and contract responsibilities, and operating without a functional governance structure creates significant risk.
Most NSW schemes may determine a committee size from one to nine members, subject to the three-member minimum for a large scheme and the special rule for two-lot schemes. A one-person committee can be lawful for many smaller schemes, but it concentrates responsibility and can make continuity difficult if that person becomes unavailable. A better approach may be to combine a small committee with a clearly scoped strata management agreement and regular general-meeting oversight.
Committee roles are usually voluntary. The owners corporation may, at an AGM, approve an amount in recognition of services that an officer or committee member performed since the previous AGM. This is retrospective recognition rather than an automatic salary for the coming year. It cannot guarantee that someone will nominate, but it may recognise an unusually heavy contribution.
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A scheme with no committee is not automatically defective or unlawful, particularly if the situation is temporary and a competent strata manager is handling authorised functions. However, buyers should investigate why owners are unwilling to serve, whether the scheme is meeting its duties, the status of repairs and insurance, and whether a Tribunal application or compulsory manager is being considered. Review AGM minutes, committee records, management agreements, financial statements, levy arrears, maintenance plans, insurance and any legal proceedings before purchasing.
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