This article discusses the council of owners chair duties, explaining that the chair presides over meetings but cannot act alone and shares statutory obligations with other council members.
Question: What are the duties of a Chair of the Council of Owners? Can they act for the Council Of Owners even if not all agree?
Answer: The chairperson does not have the power to make decisions on behalf of the council of owners alone.
The chairperson of the council of owners is appointed at the first committee meeting held after the annual general meeting. Only a proprietor elected to the council can be elected to the position of chairperson, however, a member of the council of owners can be appointed to hold one or more of the positions of chairperson, secretary or treasurer.
The Council of Owners generally have the responsibility of performing the scheme functions as set out by the Strata Titles Act 1985 This responsibility is delegated under section 135 of the Strata Titles Act. Often the services of a Strata Manager are employed to take care of some of those functions on their behalf. The chairperson is to preside at all meetings of the council but, if the chairperson is unable to preside at a meeting, the members of the council present at that meeting can appoint 1 of their number to preside at that meeting during the absence of the chairperson.
Additional to the above all council members share the following statutory obligation under section 137 of the Strata Titles Act 1985:
- Act Honestly, with loyalty and in good faith
- Exercise a degree of care and diligence
- Not make improper use of their position to gain advantage or cause detriment to the Strata Company.
- Inform the council in writing of any direct or indirect conflicts of interest and reframe from voting under such circumstances
The chairperson does not have the power to make decisions on behalf of the council of owners alone. At meetings of the council, all matters must be determined by a simple majority vote.
This post appears in the February 2022 edition of The WA Strata Magazine.
Luke Downie Realmark Strata E: strataperth@gmail.com P: 08 9328 0999