This Q&A about who chairs the AGM has been supplied by Jane Giacobbe, Strata Reports Victoria.
Question: Who usually chairs the AGM? Does it always have to be the Owners Corporation Manager? Why can’t we elect a Chair at the AGM each year?
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Answer: Each owners corporation is different.
It really is on a case by case basis and each owners corporation are different with their preferences on who chairs their AGM.
In line with the Owners Corporation Act 2006 “the members of a committee must appoint a member of the committee to be a Chairperson” and this position is generally filled at each AGM when the committee is elected.
The Chairperson does often chair the AGM and other meetings that are held by both the committee and the owners corporation, however this role can also be delegated to the owners corporation manager if the owners corporation decides to at the time that each meeting is held, and that does include the AGM.
One reason that an owners corporation may decide to delegate the role to the owners corporation manager, is so they can run the meeting professionally and help mediate any matters that may arise without any conflict of interest. They may also be able to continue to move the meeting and decisions along so that the agenda is adhered to and the meeting runs within the required timeframe.
Have a question about who chairs the AGM in Victoria or something to add to the article? Leave a comment below.
Jane Giacobbe
Strata Reports Victoria
E: [email protected]
P: 0402 341 848
This article is for reference purposes only and is not intended to be a comprehensive review of the developments in the law and practice or to cover all aspect of the subject matter. It does not constitute legal or other advice and should not be relied upon this way. Readers should take legal or other advice before applying the information containing in this publication.
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This post appears in Strata News #301
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Thank you for your comment.
It does sound like things are not being run very professionally and it may be an idea to obtain some specialised owners corporation legal advice, if you have concerns around the way your owners corporation manager is managing the scheme.
You may also consider speaking with Consumer Affairs Victoria who may be able to provide some information and guidance for you and the owners.
Interesting comment- Last year our OCM sent out an Agenda which had incorrect dates and matters that needed to be discussed at the AGM. Just prior to the meeting started the OCM started making comments about OC members and was told by the Chairperson to sit down., The OCM continue to ramble on and started distributing minutes which had already been seen by owners then walked out, The chairperson continued the meeting as a quorum was present, minutes were circulated – six months later the OCM sends out fee notices takes his monthly allowance and has refused to abide by the minutes stating he was not present so cannot verify if the motions area valid. This is making life hard for the OC as one motion related to the OCM contract
Our experience has been that whenever the Strata Manager has chaired the AGM it has been a fiasco. This answer to the question assumes that the Chairperson or other members of the committee are not professional and the Strata Manager is. That has not been our experience