Building (Strata Management) Act 2004 · 2020 Revised Edition · Part 5 · Management of Strata Subdivided Buildings
58. Council’s decisions to be decisions of management corporation
Feedback & supportSubject to the provisions of this Act, the decision of a council on any matter, other than a restricted matter, is the decision of the management corporation.
council
“council”, in relation to a management corporation, means the council of that management corporation;
Even though a council holds office, the management corporation may in a general meeting continue to exercise or perform all or any of the powers, duties and functions conferred or imposed on the management corporation by this Act or the by‑laws.
management corporation
“management corporation”, in relation to any parcel comprised in a strata title plan, means the management corporation constituted in respect of that strata title plan under the Land Titles (Strata) Act 1967;
A council must not make a decision on any matter if, before the decision is made, written notice has been given to the secretary of the council by subsidiary proprietors who altogether own not less than one‑third of the lots in the subdivided building concerned that the making of the decision is opposed by those subsidiary proprietors, and any decision, if made by the council, has no force or effect.
subdivided building
“subdivided building” means any one or more buildings comprised in a strata subdivision plan approved by the relevant authority;
In subsection (1), “restricted matter”, in relation to a council of a management corporation, means —
any matter a decision on which may, in accordance with any provision of this Act or the by‑laws, only be made by the management corporation pursuant to a unanimous resolution, special resolution, 90% resolution, comprehensive resolution, resolution by consensus or in a general meeting of the management corporation, or only by the council at a meeting; and
any matter referred to in section 59 and specified in a resolution of that management corporation passed for the purposes of that section.