Are strata committee members personally liable for decisions they make?
Quick answer
Committee members who act reasonably, in good faith and within their authority are generally protected, with the owners corporation carrying most liability rather than individuals. Rules and protections differ by state, so check your state's legislation for the specifics that apply to your scheme.
Key takeaways
- Committee members acting reasonably and within authority are generally protected
- Protections and their limits vary by state — this is not legal advice
- A clear, attached record of decisions and disclosures helps if a decision is ever challenged
This is one of the most common worries for people considering standing for a committee, and the short answer is reassuring — but the details genuinely vary by jurisdiction.
The general principle
In most Australian states, the owners corporation (not individual committee members) is the legal entity that holds property, enters contracts and carries insurance. Committee members acting reasonably, honestly and within the scope of decisions properly put to the committee are generally not personally exposed for those decisions turning out badly.
Where the protection can weaken
- Acting outside the committee's actual authority — for example, committing the scheme to spending well beyond an approved threshold without proper authorisation
- Acting in bad faith, recklessly, or with a conflict of interest that wasn't declared
- Ignoring clear legal or safety obligations, such as known compliance or maintenance issues
Why this varies by state
Each state's strata legislation sets out committee powers, obligations and protections differently, and insurance arrangements (such as office bearer liability cover) differ between schemes. This is genuinely a "check your own state's Act, and your scheme's insurance policy" question rather than one with a single Australia-wide answer. Start with your state's page — [NSW](/strata-committee/nsw), [VIC](/strata-committee/vic), [QLD](/strata-committee/qld) — and your state's regulator for the current rules, and speak to your strata manager or a lawyer for anything you're unsure about.
Practical steps that reduce risk
- Stay within any spend approval thresholds the scheme has set
- Declare conflicts of interest before a matter is discussed, not after
- Keep a proper record of what was discussed and decided, and why
- Get it in writing when relying on a contractor's or professional's advice
- Refer anything genuinely uncertain to the strata manager or a lawyer rather than guessing
How Flex Strata helps
Keeping agendas, minutes, spend approvals and conflict declarations in one attached record doesn't remove legal risk, but it does mean a committee can show what was actually decided, by whom, and on what basis, if a decision is ever questioned later.
Strata committee members acting reasonably, honestly and within their proper authority are generally protected from personal liability, with the owners corporation carrying most legal and financial responsibility. Protections and exceptions vary by state legislation and by a scheme's insurance, so committees should check their own state's rules and seek legal advice for specific concerns.
Common follow-up questions
Related questions
Want this handled for your building? See what Flex Strata costs or ask us directly.