THE ROLE OF THE OWNERS CORPORATION COMMITTEE, CHAIRPERSON AND MANAGER

 

WHAT IS AN OWNERS CORPORATION COMMITTEE?

 

The committee is elected at each annual general meeting and contains at least three and not more than twelve members. The committee consists of a chairperson and/or a secretary and ordinary members. The Chairperson must be elected and a secretary may be appointed. 

A decision of the committee is a decision of the Owners Corporation unless it is a restricted issue that requires a unanimous or special resolution at a General Meeting, in which case it does not have the power to make a decision on that issue. 

The Committee must record decisions made at Committee Meetings and should forward copies of the minutes/decisions to the Owners Corporation Manager for inclusion in the Owens Corporation records. 

If a committee member is in arrears of fees, they are suspended from the committee until the fees are paid. 

Decisions made by Committee are those of the majority of the voting members present at the meeting and not those of an individual. 

The Chairperson has a casting vote when the voting at a committee meeting is tied. 

A quorum for a committee meeting is 50% of the committee members. 

Delegation of Powers

The Owners Corporation delegates powers to the committee. The committee can make decisions that do not require a Special or Unanimous Resolution. 

Liability of Committee

Committee members take on this role in an unpaid capacity and it is for this reason they should be protected against any legal action which may be taken for any lawful decisions they have made.

Section 118 of the Owners Corporation Act states:

 

Immunity of committee members


(1) A member of a committee or a sub-committee is not personally liable for anything done or omitted to be done in good faith: 

 

(a) In the exercise of a power or the carrying out of a function under this Act or the regulations; or 

(b) in the reasonable belief that the act or omission was in the exercise of a power or the carrying out of a function under this Act or the regulations.  

 

(2) Any liability resulting from an act or omission that, but for subsection (1), would attach to a person, attaches instead to the Owners Corporation. 

 

THE RESPONSIBILITIES OF THE OWNERS CORPORATION CHAIRPERSON

The chairperson has a number of duties concerning the conduct of meetings. If the chairperson is not at a meeting, then a person, entitled to vote, is elected to chair the meeting.


The Chairperson has the deciding vote when voting at a Committee Meeting is tied.

The Chairperson is responsible for the conduct and running of Committee Meetings.

Is the point of contact between Committee and the Owners Corporation Manager. 

THE ROLE OF THE OWNERS CORPORATION MANAGER

The Owners Corporation delegates powers to the Owners Corporation Manager. This is to enable the Owners Corporation Manager to carry out the duties and functions to ensure the smooth running of the Owners Corporation. 

The Owners Corporation Manager duties include, but not limited to;


 

• carrying out resolutions passed either at a committee meeting or a postal ballot.
• carrying out resolutions passed at a general meeting.
• preparing proposed budgets for adoption at each annual general meeting.
• issuing of Owners Corporation certificates.
• giving notice of levy contributions.
• Banking.
• payment of expenses.
• co-ordination and engagement of contractors.
• conducting General Meetings.
• preparation of financial statements.
• preparation and circulation of agenda and minutes.
• maintenance of Owners Corporation records in accordance with the Owners Corporation Act 2006.
• provision of a maintenance response service.


The Role of a Building manager and/or a Facalties Management Company

 

In situations where a Building Manager or a facilities management company is engaged by the Owners Corporation, all repairs and security matters are handled by the Building Manager or the facilities management company.  

 

Requests for security access swipes etc are referred to the Owners Corporation Manager. 

 

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Melbourne VIC 3000 AUS

Phone: +61 3 9670 1255
Fax: +61 3 9670 3373
Email: contact@crsproperty.com.au

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