Why strata schemes need to learn the black magic of delegation


The introduction of new strata laws is a time of renewal in which we should review old and new practices alike.

The use of delegated powers is in this category, but it’s also in the category of the dark arts. Those powers are regarded as good to have but dangerous to use.

The truth is that delegated powers are just as dangerous when they’re not used.

To paraphrase Nelson Mandela:

‘…with freedom comes responsibility’

When they’re free of the burden of calling meetings to make decisions, those with the powers delegated to them do things such as pay for repairs or censure by-law breaches.

But if they exercise those powers they’ll be dammed by owners who think they can do, but won’t do, better. You can’t have it both ways.

If this much was not clear to us under old laws, it must be under new laws that require functions to be exercised for the benefit, so far as practicable, of the owners corporation, and with due care and diligence.

These words, more than any others in the new laws, will change our working lives. Not so much because of the liability they will visit upon us but because of the scope for argument they will bring whenever powers are used against the will of another.

It’s time to master the dark art of delegation.

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