Who Controls Strata Litigation

In this episode of the Strata Law Podcast, Sachs Gerace Lawyers, Special Counsel, Clement Lo shifts the focus to one of the most misunderstood aspects of strata governance: who has the legal authority to settle litigation on behalf of an owners corporation.

Contrary to popular belief, only a limited number of decisions actually require approval at a general meeting — and notably, settling litigation is not one of them. This revelation reframes how strata committees operate in high-pressure dispute scenarios and highlights the significant responsibility placed on committee members when legal proceedings are on foot.

Clement outlines how personal emotions, principle-driven objections, and internal conflict can derail sensible settlement outcomes — particularly where the most cost-effective commercial solution may be to bring proceedings to an end.

With recent legislative reforms increasing the expectations placed on committee members, this episode explores how governance, accountability, and strategic decision-making now intersect more than ever.