Monday, September 28, 2020

Strata Schemes Management Act 2015 No 50

Part 5
Division 5
Section 103

Legal services to be approved by general meeting | Section 103

(1)  An owners corporation or strata committee of an owners corporation must not obtain legal services for which any payment may be required unless a resolution approving the obtaining of those services is passed at a general meeting of the owners corporation.

(2)  An owners corporation or strata committee may obtain legal services without obtaining approval under this section if—

(a)  it is of the opinion that urgent action is necessary to protect the interests of the owners corporation, and

(b)  the cost of the legal services does not exceed $10,000 or another amount prescribed by the regulations for the purposes of this subsection.

(3)  Approval under this section is not required for the following—

(a)  to obtain legal advice before commencing legal action,

(b)  to take legal action to recover unpaid contributions, interest on unpaid contributions or related expenses,

(c)  to take any other legal action prescribed by the regulations for the purposes of this section.

(4)  A failure by an owners corporation or the strata committee of an owners corporation to obtain an approval under this section does not affect the validity of any proceedings or other legal action taken by the owners corporation.

(5)  In this Division—

legal services includes obtaining legal advice and taking legal action.

© State of New South Wales Department of Customer Service. For current information go to www.nsw.gov.au.

Disclaimer: Reproduced from the Strata Schemes Management Act 2015 . This website does not give legal advice or other professional advice. You should seek legal or other professional advice before acting and not rely on any of the content on this website.

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