SA: What Is the Role of a Presiding Officer in a Strata Corporation?

This article discusses the presiding officer strata role, including their duties, limits of authority, and how the position compares to a chairperson in strata corporation meetings.

Question: What role does the Presiding Officer play? What can and can’t they do and is this role the same as a chairman at strata corporation meetings?

I have a copy of the ‘Legal Guide for Strata Title‘ booklet. In this booklet, I can’t find what the Presiding Officer’s role or their duties are. Are you please able to explain what this role can do and can’t do and if this role the same as a chairman at strata corporation meetings.

Answer: The Strata Titles Act does not provide a great deal of information in regards to the positions and specifically the Presiding Officer role.

The Strata Titles Act 1988 requires that the group have these three office bearer positions filled by a unit owner.

These positions cannot be vacant for more than 6 months. You are completely correct in saying that the Strata Titles Act does not provide a great deal of information in regards to the positions and specifically the Presiding Officer role.

The term Chairman is not used in Strata Titled groups in South Australia, but you would be accurate in comparing the title to that of a Presiding Officer.

The below is an extract from the Act. You will note that it does state “to preside at meetings of the corporation”. Under Section 33 (8) & (9) of the Act, it also states that if the Presiding Officer is not present or at the request of a majority of unit Owners present at a meeting, someone else may be appointed to chair the meeting (for example a Strata Manager).

If your property is professionally managed, it is possible that they will also use this person as the main point of contact for those who may attend site, for any inspections, maintenance, etc. Members would discuss this at their meeting.

23—Officers of strata corporation

1. A strata corporation must have the following officers:
   
   1. a presiding officer (to preside at meetings of the corporation); and
   2. a secretary; and
   3. a treasurer.
   • (1a) Unless all of the units comprised in the strata scheme consist of non-residential premises, the officers of a strata corporation must be unit holders.
2. Any two or more of the above offices may be held simultaneously by the same person.
3. Until the first appointments are made to the above offices, they will be held by the original proprietor (or, if the original proprietor is a body corporate, by its nominee or in the absence of a nominee, by its secretary).
4. Appointments to the above offices must be made by the strata corporation at a general meeting of the corporation.
5. A strata corporation must not allow any of the above offices to remain vacant for more than six months.

Officers of the Corporation under section 24 below, provides for any Office Bearer (i.e. Presiding Officer) to enter into a contract on behalf of the Corporation. The Corporation would at a properly convened meeting, grant specific power under this section.

24—Contractual formalities

A strata corporation contracts as follows:

1. a contract may be entered into under the common seal of the corporation; or
2. a contract may be entered into by an officer or agent authorised by the corporation to enter into the contract on its behalf.