New South Wales Consolidated Acts

STRATA SCHEMES MANAGEMENT ACT 1996 - SECT 28

28 What functions of an owners corporation can a strata managing agent exercise?

(1) An owners corporation may, by the instrument appointing a strata managing agent or some other instrument, delegate to the strata managing agent:

(a) all of its functions, or

(b) any one or more of its functions specified in the instrument, or

(c) all of its functions except those specified in the instrument,

but only if authorised to do so by a resolution at a general meeting and subject to subsection (3).

(2) An owners corporation may, if authorised to do so by a resolution at a general meeting, revoke a delegation under this section.

(3) An owners corporation cannot delegate to a strata managing agent its power to make:

(a) a delegation under this section, or

(b) a decision on a matter that is required to be decided by the owners corporation, or

(c) a determination relating to the levying or payment of contributions.

(4) A function delegated under this section may, while the delegation remains unrevoked, be exercised from time to time in accordance with the delegation.

(5) A delegation under this section may be made subject to such conditions or such limitations as to the exercise of all or any of the functions, or as to time or circumstances, as may be specified in the instrument of delegation.

(6) Despite any delegation made under this section, the owners corporation may continue to exercise all or any of the functions delegated.

(7) Any act or thing done or suffered by a strata managing agent while acting in the exercise of a delegation under this section:

(a) has the same effect as if it had been done or suffered by the owners corporation, and

(b) is taken to have been done or suffered by the owners corporation.