The Secretary

The Committee Secretary:

The following information is provided by Consumer Affairs Victoria.

Your owners corporation must have a secretary under the Owners Corporations Act 2006, which also introduces new duties for this important role. The secretary is responsible for tasks such as managing correspondence and organising meetings.

Who can be a secretary?

Your owners corporation must elect either a lot owner or a lot owner’s proxy as committee secretary. This person is also the secretary of the owners corporation. If there is no committee, a lot owner must be the secretary of the owners corporation. The person who is the secretary can also be the chairperson.

If your owners corporation has a manager, then the manager can assist the secretary. However, the owners corporation should clarify who can assist the secretary at the annual general meeting and record that decision in the minutes. A decision or authorisation by the owners corporation, which is recorded in the minutes, will reduce the workload for the secretary.

The secretary’s role

The title of secretary identifies the person who is responsible for statutory duties and obligations under the Owners Corporations Act 2006.

The secretary:

organises meetings and acts on the owners corporation or committee’s instructions
is responsible for sending notices, minutes and other correspondence within deadlines (failing to meet deadlines could mean important decisions are open to challenge), and
does not have any decision making powers unless delegated by the owners corporation or committee. Delegated powers must be set out in an ‘instrument of delegation’ and recorded in the minutes.

The secretary’s duties

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
prepare the notice and the agenda for committee 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, and
act honestly and in good faith, exercise due care and diligence and not make improper use of his or her position.

The secretary has the power to:

convene the annual general meeting
convene a special general meeting, and
arrange a ballot.

Skills needed to be secretary

The role of secretary requires detailed knowledge of the Owners Corporations Act 2006 and the Owners Corporations Regulations 2007.

The job requires:

strong organisational and administrative skills
good interpersonal skills, and
sound writing skills (for tasks such as taking minutes and correspondence).

Tips to be an effective secretary

Make sure minutes are settled and distributed within 14 days.
Keep accurate minutes. Minutes must record the date, time and place of the meeting; names of attendees; names of those who have provided proxies; names of members voting on all resolutions, and the numbers voting for and against motions. Minutes must not refer to people present as lot numbers.
File past minutes for easy reference.
Prepare agendas for meetings with the committee and the manager.
Keep and file correspondence.
Inform the committee and owners corporation about correspondence, issues, complaints and actions taken.
Maintain accurate contact details of the committee and have these handy.
Always have necessary documents at meetings, including a list of financial and non-financial members, lot numbers and the minutes of previous meetings.
Have all other relevant documents on hand at meetings. These include the Owners Corporations Act 2006, Owners Corporations Regulations 2007, Subdivision Act 1988, your owners corporation’s rules and a copy of the plan of subdivision.
Ensure you have received and checked all proxies, and allocated responsibility for taking minutes and supervising ballots.
Ensure that members know well in advance when the next meeting will be held. It is helpful to set the time and date for the next meeting, and the closing date for submitting items for the next agenda, before the meeting closes.

What if the secretary is not available?

If the secretary is absent, or there is no secretary, the chairperson or the manager can carry out the secretary’s duties and functions as prescribed by the Owners Corporations Act 2006.

Removing a secretary

The secretary can only be removed at the annual general meeting or a special general meeting. For more details, see Consumer Affairs Victoria’s fact sheets about Annual General Meetings and Committees.

Relevant forms and pro forma documents

The following forms and proforma documents can be downloaded from the Consumer Affairs Victoria website and are also available in printed copies of the fact sheets. Approved and prescribed forms must be used for particular processes undertaken by or in an owners corporation and their text cannot be changed. Proforma documents are provided for information and assistance, do not have to be used by your owners corporation, and you are free to amend them to make them more useful for your owners corporation.

Proforma documents:

Instrument of delegation

Relevant legislation and documents

Copies of the following documents can help to ensure your owners corporation runs smoothly:

Owners Corporations Act 2006
Owners Corporations Regulations 2007
Subdivision Act 1988
Subdivision (Procedures) Regulations 2000
Rules of the owners corporation
Plan of Subdivision.

Hard copies of the legislation can be purchased from Information Victoria: 505 Little Collins Street, Melbourne 3000, 1300 366 356, www.information.vic.gov.au

Online copies of the legislation can be downloaded from: www.legislation.vic.gov.au (Victorian Law Today).

Copies of a plan of subdivision and an owners corporation’s rules can be obtained from Land Victoria: 570 Bourke Street, Melbourne 3000, 03 8636 2010, www.land.vic.gov.au

Fact sheets:

Activating your owners corporation
Annual general meetings
Chairperson
Committees
Dealing with grievances
Financial management
Insurance
Maintenance & maintenance plans
Managers
Meeting procedures
Multiple owners corporations
Owners corporation register
Owners corporation certificate
Prescribed owners corporations
Purchasing an apartment checklist
Records
Rules
Two-lot subdivisions
Voting and ballot guidelines

Ring Consumer Affairs Victoria on 1300 55 81 81 or download the publications from www.consumer.vic.qov.au/ownerscorp.

More information

Victorian Consumer & Business Centre
113 Exhibition Street
Melbourne 3000

Telephone: 1300 55 81 81

Website www.consumer.vic.gov.au

Because this publication avoids the use of legal language, information about the law may have been summarised or expressed in general statements, This information should not be relied upon as a substitute for professional legal advice or reference to the actual legislation.

Authorised by the Victorian Government 121 Exhibition Street Melbourne Victoria 3000.

We would be delighted to discuss with you how Iconic Strata Management can make a difference for your Owners Corporation.