There are three main things to note about office bearers;
1. An owners corporation manager must elect a chairperson of the owners corporation. This can be done either at an AGM or the first committee meeting after an AGM.
2. An owners corporation may elect a secretary of the owners corporation. This can be done either at an AGM or the first committee meeting after an AGM. If there is no secretary at any time, the functions of the secretary is carried out by the OC manager (unless the manager has been asked to return the records of the owners corporation after the termination of the manager under Section 127 of the Owners Corporations Act 2006 (Vic), in which case the role of the absent secretary falls to the chairperson).
3. There is no legal provision for a treasurer in an owners corporation.
The chairperson
The role of the chair is able to call a meeting, arrange a ballot, and have the casting vote in the event of a tie. Unlike the board of a listed company, the chair of the OC has no additional powers. The committee may decide that the chair’s role may also include being the main point of communication between the OC manager and the rest of the committee.
The image above shows a resolution being carried, as a result of the casting vote by the chair.
The members of the committee may appoint a member of the committee to act as chairperson in the event that the chairperson is absent or unable to act.
The Secretary
The role of the secretary is to compile the agenda, give notice of meetings, and distribute the notice and the minutes. They may also arrange a ballot. (Note: all or part of these responsibilities may be delegated to the oc manager). If at any time there is not a secretary or the secretary is absent, the role of the secretary is carried out by the owners corporation manager.
How long do the office bearers remain in their positions?
The office bearers remain in their positions until the following:
1. An AGM is convened, and an election is held.
Once a new committee is elected, an elections for the role of office bearers must be held. In the event that a committee is elected at an AGM where a quorum is not present, it becomes an interim election result for 28 days after the minutes of the AGM are published. The previous committee and office bearers will hold their positions until this 28 day period is up, at which point the new committee becomes active and either a) the office bearers as elected at the AGM fulfil their positions, or b) the committee is required to hold elections for new office bearers.
2. The role of a chairperson and secretary may be revoked by means of a majority vote by the committee.
Note: If a person’s appointment as chairperson or secretary of the committee is revoked under subsection by means of a majority vote, and that person is a lot owner, that revocation does not affect the person’s membership of the committee. The power to remove a committee member may only be exercised by a general meeting, by means of a general resolution.
3. The office bearer submits their resignation of their position in writing to the secretary (in the event that the secretary is resigning, they are to submit their resignation to the owners corporation(oc) manager).
4. If a committee member is in arrears for any amount of fees or other amount owing to the owners corporation, they are suspended as a member of the committee until the amount is paid. This includes office bearers.
