This article is about the benefits of a strata maintenance committee.
Question: Can we set up a sub-committee or strata maintenance committee to provide independent advice to the council? Does this infringe any strata laws?
We’d like to create a group of owners in our apartment complex to provide independent maintenance advice to the strata council. Does this infringe any strata laws?
The group would be a strata maintenance committee and assist the council by providing help and advice on repair or replacement strategies, methods and procedures, including related expenses and budget requirements. Focused on the best outcome for the strata company, all assistance provided would be at no cost or obligation.
Participants in the group would be qualified and competent in their respective fields, with relevant knowledge and experience of plant and equipment and building maintenance issues.
Answer: An advisory committee could help alleviate some of the burdens on the voluntary workload for council.
Nothing within the Strata Titled Act would prevent a council from setting up such an arrangement.
It is common for councils to set up sub-committees made up from inside its existing members. However, as you are referring to a group of non-elected members, I think it would be important to ensure the utilisation of this type of group by council was in a manner that does not cross or intervene with the council of owner’s statutory obligations. It would also be advisable that the council took measures to ensure that some of those obligations were extended (although not by statute but by process and expectation) to the advisory group, in particular:
- must always act honestly, with loyalty and in good faith.
- must always exercise the degree of care and diligence in the person’s position and the circumstances of the strata company would reasonably be expected to exercise.
- must not make improper use of the person’s position to gain, directly or indirectly, an advantage for the person or any other person; or to cause detriment to the strata company.
- disclose any conflicts of interest.
I would also think it important for council to ensure that this advisory committee:
- Is qualified to provide the advice being given or is obtaining the advice from a person or entity that is qualified to provide the advice and
- Is provided with sufficient information or scope as to its role to be able to deliver the relevant advice to council and
- The role, process and procedure of the advisory committee is documented, and
- If attending meetings of council, it is clear they are in attendance in an advisory capacity and hold no decision making or voting right.
With these points covered, an advisory committee could help alleviate some of the burdens on the voluntary workload for council.
Luke Downie Realmark E: ldownie@realmark.com.au P: 08 9328 0999
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