Removing Strata Committee Members in NSW: Full Legal Guide + Free Tool

Introduction

Strata committees play a crucial role in the day-to-day management and decision-making processes of strata schemes in New South Wales. However, circumstances may arise where the conduct or performance of a committee member necessitates their removal to ensure the effective governance and harmony of the owners corporation.

Understanding the procedures for removing a strata committee member is important for owners corporations facing such situations. This guide outlines the available methods, including removal during Annual General Meetings, through a vote by the owners corporation, or via intervention by the NSW Civil and Administrative Tribunal, as well as potential alternatives to removal.

Interactive Tool: Check Your Pathway to Remove a Strata Committee Member

Is it Possible to Remove Strata Committee Members? 

Yes, it is possible to remove members from a strata committee under certain conditions:

• Election at AGM: Each year, at the Annual General Meeting (AGM), a new strata committee is elected. Members from the previous term can stand for re-election if they choose. If previous members do not choose to stand again, their term comes to an end automatically.
• Removal by Owners Corporation: The owners corporation can vote to remove one or more strata committee members. This requires a general resolution passed at a general meeting.
• Tribunal Intervention: The NSW Civil and Administrative Tribunal has the authority to remove a strata committee or individual members of the committee under specific circumstances. These include:
  • Failure to comply with NSW strata laws.
  • Lack of due care or diligence in carrying out their duties.
  • Engagement in serious misconduct.
  • Automatic Vacation of Office: Under reforms introduced by the Strata Schemes Legislation Amendment Act 2025 (NSW), a committee member will automatically cease to hold their position if they fail to complete mandatory training within a prescribed timeframe after being notified.

These mechanisms ensure that strata committee members who are not performing their duties effectively or legally can be replaced to maintain the proper management of the strata scheme.

Process for Removing Strata Committee Members in a General Meeting

Under the Strata Legislation Amendment Act 2023 (NSW), which commenced on 11 December 2023, the owners corporation can remove a member of the strata committee by passing an ordinary resolution at a general meeting—replacing the previous requirement for a special resolution.

Key consequences of this amendment include:

• Removal mechanism: An ordinary resolution is now sufficient to remove a committee member.
• Re-election restriction: The removed member is ineligible for appointment or election for 12 months from the date of the resolution.

By lowering the voting threshold and enforcing a re-election ban, this change simplifies the procedure and ensures that the governance of the strata scheme can be refreshed or corrected as needed by the owners corporation.

Removing an Office Bearer vs. a Committee Member

A separate reform, which commenced on 2 March 2025, under the Strata Schemes Legislation Amendment Act 2025 (NSW), clarifies the process for removing an office bearer (i.e., the Chairperson, Secretary, or Treasurer) from their specific role.  

Key points to understand:

• Removal from Office: An ordinary resolution at a general meeting is now sufficient to remove a person from their specific office (e.g., as Chairperson).  
• Remaining on the Committee: This action removes them from their executive role only. They remain a general member of the strata committee unless a separate ordinary resolution is passed to remove them from the committee entirely.  

This distinction is important, as it allows an owners corporation to address issues with how an office bearer is performing their duties without needing to remove them from the committee altogether.

Approaching NCAT for Removal of Strata Committee Members under Section 238

Criteria for Removal

Under Section 238 of the Strata Schemes Management Act 2015 (NSW) and in line with NCAT’s powers to make orders on strata committee composition, NCAT may remove a committee member who:

• Fails to comply with the Strata Schemes Management Act 2015 (NSW) (including the new statutory duties under Section 37), its regulations, or the strata by-laws.
• Lacks the required care and diligence in performing committee duties.
• Engages in serious misconduct that undermines effective governance.

The decision in Vojkovic v Savva [2023] NSWCATCD 141 confirmed these criteria are illustrative rather than exhaustive, allowing NCAT to consider other factors necessary to protect the committee’s integrity.

Need for Substantial Evidence 

NCAT’s decision to remove a committee member is not taken lightly and is based on substantial evidence. The Tribunal looks for clear violations of the law or the by-laws and not mere dissatisfaction with the NCAT does not intervene lightly in the democratic decisions of an owners corporation.

Case law confirms that compelling circumstances are needed, and an order for removal will only be made in the “clearest of cases”. For example, in Lockrey v Rosewall [2022] NSWCATCD 27, the Tribunal found that a member becoming angry and forceful in denying a false accusation was not serious misconduct warranting removal. Similarly, in McDaid v The Owners Strata Plan No. 60346 [2023] NSWCATCD 134, the Tribunal dismissed an application because there was no evidence of “persistent dereliction” of duties or abuse of power.  

Applicants must provide clear and compelling evidence of misconduct. Mere dissatisfaction is not enough. However, the new statutory duties for committee members provide a clearer standard. Demonstrating that a member has breached their legal duty to act with honesty, fairness, or due care can provide the objective evidence NCAT requires.

Procedural Steps for Removal

Before an application can be made to NCAT for most types of strata disputes, including the removal of a committee member, you must first attempt mediation through NSW Fair Trading.

• Step 1: Application for Mediation: The process begins by lodging a mediation application form with NSW Fair Trading. You will need to provide your details, the details of the other party, and the strata plan number.
• Step 2: Preparation: Before the mediation session, you should gather all relevant evidence, such as emails, meeting minutes, photographs, or expert reports that document the committee member’s misconduct. It is also helpful to prepare a summary of the key issues and what outcome you are seeking.
• Step 3: The Mediation Session: A neutral mediator appointed by Fair Trading will facilitate a confidential discussion between the parties. The mediator does not decide but helps the parties explore options and try to reach a mutually agreeable solution.
• Step 4: Application to NCAT: If mediation is unsuccessful or does not resolve the dispute, NSW Fair Trading will issue a certificate confirming that mediation was attempted. You can then proceed to lodge a formal application with NCAT, attaching this evidence of attempted mediation.

Don’t Want to Remove a Committee Member? Try These Alternatives Instead

Removing a committee member from their position should be considered a last resort due to the potential divisiveness and reputational impact it can have on your strata body corporate. It’s important to carefully weigh the situation and explore all other avenues before initiating such a significant action. Here’s a guide to consider alternative solutions:

• Direct Communication: Often, common strata disputes can be resolved by simply discussing them. If a committee member’s behaviour is causing concerns, a direct conversation might clarify misunderstandings or provide the individual with feedback on their role and responsibilities. This discussion could be facilitated by an appropriate representative from the committee.
• Mediation Services: Engaging a neutral third party to mediate can help resolve conflicts without the need for drastic measures. Under many organisational rules, such as the model constitution, mediation is a required first step before further actions can be taken. Mediation aims to find a mutually agreeable solution and is often successful in resolving disputes without further escalation.
• Waiting Out the Term: Committee members typically serve for a predetermined term, usually ending at the next AGM. If a committee member’s term is nearing its end, and the issues aren’t severely impacting the association’s function, it may be practical to wait until the next election. This allows for the natural conclusion of their term without the need for formal removal.
• Non-Re-election: If the issue arises close to the term’s end, the association could opt not to re-elect the member. This passive approach avoids the confrontation of a removal process and allows the member to complete their term, thereby minimising potential conflict or disruption within the organisation.
• Legal Consultation: In situations where the behaviour of a committee member might have legal implications, or if the internal procedures do not resolve the issue, it may be necessary to seek legal advice. This can provide clarity on the rights of the association and the committee member, ensuring that any action taken is legally sound.

Each of these alternatives offers a way to address issues with a committee member without immediate removal. It’s crucial for the health and effectiveness of the association to handle such matters thoughtfully, ensuring that actions are fair, justified, and in accordance with the governing rules of the association.

Conclusion

Removing a strata committee member is a serious step that requires careful consideration of the legal processes and potential impacts on the strata community. Understanding the options, from resolutions at general meetings to applications to NCAT or exploring alternative dispute resolution, is crucial for ensuring fairness and proper governance.

If you are an owners corporation or lot owner considering the removal of a committee member, or if you require guidance on navigating the relevant procedures and legal requirements, seeking expert advice is recommended. Contact PBL Law Group’s strata lawyers for assistance tailored to your specific circumstances.

Frequently Asked Questions (FAQ)