Role of secretary - owners corporations

On this page:

Who can be the secretary?
Role
Duties
Powers
Skills required
Tips to be an effective secretary
What if the secretary is not available?
Removing a secretary

Who can be the secretary?

Your owners corporation (formerly body corporate) may have a secretary.

The secretary is responsible for tasks including managing correspondence and organising meetings.

If an owners corporation has a committee, the secretary of the committee is also secretary of the owners corporation. If there is no committee, a lot owner can be elected as secretary of the owners corporation.

Owners corporation committees must have a secretary. This can either be a member of the committee or the manager of the owners corporation. The secretary can also be chairperson.

Your owners corporation manager can assist the secretary. The owners corporation can nominate others to assist the secretary. This must be decided at the annual general meeting and recorded in the minutes.

Role

The title of secretary identifies the person who is legally responsible for specific duties.

The secretary:

organises meetings and acts on the owners corporation or committee’s instructions
sends notices, minutes and other correspondence within deadlines. Failure to do this could mean important decisions are open to challenge
receives petitions against an interim special resolution
receives ballot forms at general meetings or via post, telephone or electronic means consistent with the owners corporation rules
receives proxies from lot owners
prepares the notice and the agenda for committee meetings
gives three days’ notice of committee meetings
does not have any decision making powers unless delegated by the owners corporation or committee. Delegated powers must be recorded in the minutes and set out in an Instrument of delegation - owners corporations (Word, 64KB).

Duties

The secretary must:

act on the directions of the owners corporation
act on the directions of the committee
keep minutes of committee meetings
collect records and funds from a manager if the manager has been removed
certify and record rules with Land Use Victoria
act honestly and in good faith, exercise due care and diligence and not make improper use of his or her position.

Powers

The secretary has the power to:

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

Skills required

The role of secretary requires detailed knowledge of the Owners Corporations Act 2006, the Owners Corporations Regulations 2018 and other relevant legislation.

The role requires:

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

Tips for being an effective secretary

Make sure minutes are settled and distributed within 14 days.
Keep accurate minutes.
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 previous minutes.
Bring all other relevant documents to meetings, including the Owners Corporations Act 2006, Owners Corporations Regulations 2018, Subdivision Act 1988, 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 owners corporation secretary is not available?

If the secretary is absent, or there is no secretary, the chairperson or the manager can act as secretary.

Removing a secretary

If the owners corporation has a committee, it may remove the secretary by majority vote. However, if that person is a lot owner, removal as secretary does not affect their committee membership.

If there is no committee, the secretary can only be removed by an ordinary resolution at a general meeting of the owners corporation.

What the law says

Owners Corporations Act 2006

Sections 99 and 107 of the Owners Corporations Act 2006 cover the role of secretary.

Section 99

Secretary

(1) If an owners corporation does not have a committee, the lot owners may elect a member to be the secretary of the owners corporation.

(2) If an owners corporation has a committee, the secretary of the committee is also the secretary of the owners corporation.

Note

See section 107.

(2A) A secretary elected by the lot owners of an owners corporation under subsection (1) may be removed by resolution at a general meeting.

(3) If at any time there is not a secretary of the owners corporation or the secretary is absent, the functions of the secretary under this Act may be carried out by—

(a) in the case of a function under section 127, the chairperson of the owners corporation; and

(b) in any other case, the manager of the owners corporation.

Section 107

Secretary of committee

(1) The members of the committee must appoint a member of the committee or the manager of the owners corporation to be the secretary of the committee.

(2) An appointment as secretary of the committee under subsection (1)—

(a) is to be conducted by means of a majority vote;

(b) may be revoked by means of a majority vote.

(3) If a person's appointment as secretary of the committee is revoked under subsection (2)(b) and that person is a lot owner, that revocation does not affect the person's membership of the committee.