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If an owners corporation has a committee, it must elect a chairperson and a secretary. Failure to fill either of these positions may mean the committee is not lawful. The committee’s chairperson and secretary also then become the chairperson and the secretary of the owners corporation.

Special duties of the chairperson

The chairperson’s role is to facilitate meetings. If you are chairperson, allow fair discussion of matters and stick to the agenda, so that decision can be made.

The chairperson must:

  • Be the chairperson of the committee and the owners corporation
  • Have an instrument of delegation from the owners corporation or the committee
  • Act on the directions of the owners corporation
  • Act on the directions of the committee
  • Act honestly and in good faith, exercise due care and diligence and note make improper use of his or her position.

The chairperson has the power to:

  • Convene the annual general meeting
  • Convene a special general meeting
  • Arrange a ballot
  • Make the casting vote at a general or committee meeting when the votes are equal.

The Owners Corporation Act 2006 does not give the chairperson of the committee any special powers to make decisions on behalf of the owners corporation or the committee. However, the owners corporation can delegate powers to the chairperson. Any powers delegated must be set out in an instrument of delegation and recorded in the minutes.

For example, the owners corporation can resolve that the chairperson is responsible for checking and recording proxies, and supervising ballots and polls.

Special duties of the secretary

The secretary must:

  • Be the secretary of the committee and the owners corporation
  • Have an instrument of delegation from the owners corporation or the committee
  • Act on the directions of the owners corporation
  • Act on the directions of the committee
  • Receive petitions against an interim special resolution
  • Receive ballot forms at general meetings, or via post, telephone, internet or other electronic means in accordance with the rules
  • Receive proxies from lot owners
  • Set the time, date and the agenda for meetings
  • Give three days notice of committee meetings
  • Keep minutes of committee meetings
  • Collect records and funds from a manager after the manager has been removed
  • Certify and record rules with Land Victoria
  • Act honestly and in good faith exercise due care and diligence and not make improper use of his or her position

The secretary also has the power to:

  • Convene the annual general meeting
  • Convene a special general meeting
  • Arrange a ballot
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