Does Every Owners Corporation Have to Have a Chairperson?
One of the most common questions among owners and committee members is: “Does every Owners Corporation need a Chairperson?”
The answer is yes, in most cases, as required under Victorian legislation, but the specifics depend on the size and structure of your Owners Corporation.
What the Law Says
Under Section 105 of the Owners Corporations Act 2006 (Victoria), if an Owners Corporation has a committee, the committee must elect a Chairperson at its first meeting after the annual general meeting (AGM).
The Chairperson is:
- Elected by and from the committee members
- Appointed to serve until the next AGM, unless they resign or are removed earlier
- For smaller Owners Corporations (those without a committee), a Chairperson must be elected at the annual general meeting.
Reference:
Owners Corporations Act 2006 (Vic), Section 105 – Chairperson of Committee
Owners Corporations Act 2006 (Vic), Section 9878 – Chairperson of Owners Corporation
The Role of the Chairperson
The Chairperson’s role is to provide leadership and ensure meetings are run in an orderly, fair, and lawful manner. While they do not have more voting power than other members, they play a vital facilitative role.
Key responsibilities include:
- Presiding over meetings of the committee or Owners Corporation
- Ensuring meeting procedures follow the Act, regulations, and rules
- Encouraging participation and balanced discussion among members
- Confirming votes and resolutions are properly recorded
- Acting as a spokesperson for the committee when appropriate
The Chairperson is not an executive officer and cannot make independent decisions outside of meetings unless authorised by a resolution or via the instrument of delegations.
Why It Matters
Having a Chairperson provides:
- Legal compliance
- Clear leadership within the committee
- Transparency and fairness in decision-making
- Efficient, compliant meetings conducted in line with legislation
At OCX, we believe that strong leadership within an Owners Corporation contributes to better communication, proactive management, and a more harmonious community.
Whether you’re part of a small block or a large multi-building development, electing a capable Chairperson ensures your Owners Corporation operates smoothly and in accordance with Victorian law.