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Legal Update - Owners Corporation Act (2006)
Home :: Business :: Legal
By: David Natenzon Email Article
Word Count: 2803 Digg it | Del.icio.us it | Google it | StumbleUpon it

  

A person is not entitled to exercise a power of attorney for more than one lot (unless the lot owners are members of the same family).

A proxy holder must act honestly and in good faith and exercise due care and diligence. A person can hold any number of proxies, however any proxy is revocable, and lapses after twelve months of being given. A proxy holder who is not a lot owner may not vote on matters which affect that person relating to the delegation of functions and powers (e.g. to a manager or committee), or the appointment, payment or removal of a manager. Any contract appointing a manager in breach of the new legislation is voidable unless affirmed by the OC by special resolution.
Committees

Any OC with thirteen or more lots must elect a Committee. The Committee can do all things that an OC can do by ordinary resolution, unless the OC decides to limit the Committee's powers. The procedure by which Committees must operate is clarified. The Committee must also present a report of its activities to the annual general meeting.

Each member of a Committee or sub-committee must act honestly and in good faith and exercise due care and diligence in the performance of his or her functions, and must not make improper use of his or her position as a member to gain, directly or indirectly, an advantage for himself or herself or for any other person.

Each OC must have a Chairman, and may have a Secretary. The functions of Chairman and Secretary must now be undertaken by members, rather than a manager. A manager cannot be a Secretary unless there is no Committee and no Secretary.

Sub-Committees can be set up in accordance with the rules, which may provide for the role and functions of the sub-committee.
Managers

An OC may appoint a person to manage the OC. A manager must act to the same standard as is prescribed for Committee members.

A manager must submit a report to each annual general meeting, which must include details of the manager's professional indemnity insurance.

Every paid manager must carry professional indemnity insurance and be registered with the Business Licensing Authority. The Licensing Registrar will keep a register of managers which will contain certain information including contact details, insurance details, and orders of VCAT relating to the person as a manager. Any existing manager will have three months in which to register. Any person, in accordance with the regulations (not yet published), can inspect the register.

Within 28 days of ceasing to be a manger, the manager must return all records relating to the OC to the OC.

An OC can revoke the appointment of a manager. As an OC can delegate its power, a delegatee of the OC can revoke a manager.
Records and Register

An OC must keep:

* a register (as established by the application for registration); and
* (for 7 years) records regarding each OC, including copies of resolutions, financial statements and accounting records, contracts and agreements entered into by the OC and leases and licences to and from the OC.

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David Natenzon has gained extensive experience in different aspects of commercial,corporate, and litigation matters and manages Rosendorff's employment law division.He has developed an extensive knowledge of the WorkChoices legislation and is an Associate Member of the Law Institute of Victoria. For more details, visit: www.rosendorff.com.au

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