SA: Q&A Members of the Strata Corporation

These questions from SA Lot Owners are about the role of the presiding officer.

Table of Contents:

• QUESTION: Does a presiding officer of a body corporate require a police clearance to hold office?
• QUESTION: If a person has been convicted of a dishonesty offence are they precluded from being a committee member? If so, does a time limit apply?
• QUESTION: What role does the Presiding Officer play? What can and can’t they do and is this role the same as a chairman at strata corporation meetings?
• QUESTION: What recourse does a strata group have when the presiding officer refuses to do the job they volunteered for?

Question: Does a presiding officer of a body corporate require a police clearance to hold office?

Answer: There is no requirement in the Act for a Presiding Officer to have a police clearance.

Carrie McInerney
Horner Management
E: carrie@hornermanagement.com.au
P: 08 8234 5777

This post appears in Strata News #522.

Question: If a person has been convicted of a dishonesty offence are they precluded from being a committee member? If so, does a time limit apply?

Answer: The Strata Title Act is silent on this, however the Community Titles Act does address this.

The Strata Title Act is silent on this, however the Community Titles Act states under Term or Service – Section 91, that a members office becomes vacant if the member is convicted of an indictable offence or sentenced to imprisonment for an offence. There is no mention in the Act or the regulations as to any limit of time that this would apply for.

Carrie McInerney
Horner Management
E: carrie@hornermanagement.com.au
P: 08 8234 5777

This post appears in Strata News #510.

Question: What role does the Presiding Officer play? What can and can’t they do and is this role the same as a chairman at strata corporation meetings?

I have a copy of the ‘Legal Guide for Strata Title‘ booklet. In this booklet, I can’t find what the Presiding Officer’s role or their duties are. Are you please able to explain what this role can do and can’t do and if this role the same as a chairman at strata corporation meetings.

Answer: The Strata Titles Act does not provide a great deal of information in regards to the positions and specifically the Presiding Officer role.

The Strata Titles Act 1988 requires that the group have these three office bearer positions filled by a unit owner.

These positions cannot be vacant for more than 6 months. You are completely correct in saying that the Strata Titles Act does not provide a great deal of information in regards to the positions and specifically the Presiding Officer role.

The term Chairman is not used in Strata Titled groups in South Australia, but you would be accurate in comparing the title to that of a Presiding Officer.

The below is an extract from the Act. You will note that it does state “to preside at meetings of the corporation”. Under Section 33 (8) & (9) of the Act, it also states that if the Presiding Officer is not present or at the request of a majority of unit Owners present at a meeting, someone else may be appointed to chair the meeting (for example a Strata Manager).

If your property is professionally managed, it is possible that they will also use this person as the main point of contact for those who may attend site, for any inspections, maintenance, etc. Members would discuss this at their meeting.

23—Officers of strata corporation

1. A strata corporation must have the following officers:
   
   1. a presiding officer (to preside at meetings of the corporation); and
   2. a secretary; and
   3. a treasurer.
   • (1a) Unless all of the units comprised in the strata scheme consist of non-residential premises, the officers of a strata corporation must be unit holders.
2. Any two or more of the above offices may be held simultaneously by the same person.
3. Until the first appointments are made to the above offices, they will be held by the original proprietor (or, if the original proprietor is a body corporate, by its nominee or in the absence of a nominee, by its secretary).
4. Appointments to the above offices must be made by the strata corporation at a general meeting of the corporation.
5. A strata corporation must not allow any of the above offices to remain vacant for more than six months.

Officers of the Corporation under section 24 below, provides for any Office Bearer (i.e. Presiding Officer) to enter into a contract on behalf of the Corporation. The Corporation would at a properly convened meeting, grant specific power under this section.

24—Contractual formalities

A strata corporation contracts as follows:

1. a contract may be entered into under the common seal of the corporation; or
2. a contract may be entered into by an officer or agent authorised by the corporation to enter into the contract on its behalf.

Tony Johnson
Stratarama
E: Tony@stratarama.com.au
P: 08 82760426

Question: What recourse does a strata group have when the presiding officer refuses to do the job they volunteered for?

I am a committee member of a strata group in South Australia. Recently we had a couple of issues where the presiding officer was involved and has refused a request.

One situation was where she had been involved in organising a plumber to do an inspection of all the apartments looking for water leaks. The plumber has since provided a report.

The other was a legal matter where she appeared in court as our representative. When asked for reports on these two matters, she has refused point blank and has said that if any members want the information then they should go to the strata managers offices and ask for it.

This clearly is not a good situation. What recourse does a strata group have when the presiding officer refuses to do the job they volunteered for.

Answer: This is a very interesting question as many incoming owners have had similar experiences when not professionally managed.

What a great question and an important one!

The Office Bearers or committee members should always be elected appropriately as they need to take on this volunteer role and act for the best interest of the corporation.

In your case, it appears that communication may be the issue and more owners may need to elect as an office bearer or form a committee so information can be passed around freely.

If you’re not happy with the elected person, at your next meeting whether it be an extraordinary general meeting or the next AGM, you can elect a different person and it may be wise that you stand for that position yourself so you can make the difference you require.

If your corporation is managed by a professional strata manager, you can always request the information from them. There is nothing to stop you from doing this and it may be a better option to get what you need.

I hope this information helps, otherwise talk to your strata manager as they may shed some more light on what can be done. Remember, having the right people in the right position can make or break the running of a strata corporation.

Tyson D’Sylva
SA Area Development Manager
Ace Body Corporate Management
E: tyson.d@acebodycorp.com.au
P: 08 8342 1544

This article is not intended to be personal advice and you should not rely on it as a substitute for any form of advice.

This post appears in Strata News #138.

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Read next:

• SA: Q&A Strata Voting Rules When Strata Manager Holds Proxies
• SA: Q&A No Officers of the Strata Corporation at our Small Scheme

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