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ARTICLE · 13 JUNE 2022

Execution By Strata Bodies

Vincent Young
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This article aims to set out the various considerations in relation to execution by strata bodies and also highlights the best practice in achieving validly executed documents with the relevant parties.

AustraliaCorporate/Commercial Law
Mike Ellis
Mike Ellis

Different strata bodies are formed in different ways under the NSW strata law and have different powers and functions under the relevant instruments.

This article aims to set out the various considerations in relation to execution by strata bodies and also highlights the best practice in achieving validly executed documents with the relevant parties.

Owners Corporation

In a strata scheme, the owners corporation is constituted on registration of the relevant strata plan under s8 of the Strata Schemes Management Act 2015 (NSW) (Management Act). The owners corporation comprises of owners of the lots in the strata scheme from time to time. The owners corporation, being a legally constituted body under the Management Act, is capable of entering into any document on its behalf, so long as it is authorised to do so with proper resolutions passed. It is a legal entity capable of entering into contracts. In most cases, the owners corporation will appoint an authorised

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