STRATA TITLES ACT 1988 - SECT 35
STRATA TITLES ACT 1988 - SECT 35
(1) Subject to
subsection (1a), a strata corporation may, by ordinary resolution,
appoint a management committee of unit holders.
(1a) Where all of the
units comprised in the strata scheme consist of non-residential premises, the
management committee may consist of, or include, persons who are not unit
holders.
(2) A management
committee will, subject to any limitation imposed by the strata corporation,
have full power to transact any business of the corporation.
(3) A management
committee does not have power to do anything for which a special or
unanimous resolution of the strata corporation is required by this Act or by
the articles of the corporation.
(4) The prescribed
number of members of a management committee constitute a quorum of the
committee and no business may be transacted at a meeting of the committee
unless a quorum is present.
(4a) The prescribed
number for the purposes of subsection (4) is a number ascertained by
dividing the total number of members of the committee by two, ignoring any
fraction resulting from the division, and adding one.
(4b) A decision
supported by a majority of the members at a meeting of a management committee
of which at least three days notice has been given to all members will be
taken to be a decision of the committee.
(5) A member of a
management committee holds office on terms fixed by the strata corporation and
may be removed by ordinary resolution of the strata corporation at any time.
(6) A management
committee may co-opt a suitable person to fill a casual vacancy in the
membership of the committee.
(7) A member of a
management committee can appoint another person (who must, unless all of the
units comprised in the strata scheme consist of non-residential units, be a
unit holder) to act as his or her proxy at any meeting of the committee that
the member is unable to attend.
(8) A management
committee must—
(a) keep
minutes of its proceedings; and
(b)
cause proper accounting records to be kept in respect of money received and
expended by it.
(9) Subject to the
articles and any direction of the strata corporation, a committee may
otherwise regulate its meetings and proceedings as it thinks fit.
(10) A
strata corporation may appoint or engage a person to assist its management
committee in the performance of the committee's functions.