An owners corporation manager is the manager appointed by the Owners Corporation. The Owners Corporation manager has several responsibilities. One of these is to carry out its functions in managing and administering the common property. These include daily affairs such as organizing meetings and collecting fees. Also, arranging for property maintenance, keeping financial records, and a lot more.
A manager has a lot to do. The following are the usual things Owners Corporation managers in Melbourne do.
- arrange property maintenance and repairs
- attend to financial statements and budgets
- ensure compliance
- execute a grievance procedure
- give out owners corporation certificates
- handle communication
- keep and maintain records
- manage the Owners Corporation register
- pay all invoices
- prepare and distribute notices, agendas and minutes
- see to audits and reports
- tackle insurance
An Owners Corporation manager’s legal powers and functions vary. That depends on whether the Owners Corporation has a committee or not.
An owners corporation manager should carry out his or her responsibilities well. He or she should be able to fulfil the following duties:
- advising the Business Licensing Authority about changes to his or her details
- appointment through a contract
- current professional indemnity insurance should be not less than $2 million
- holding all money on behalf of an owners corporation on trust
- lodging an annual statement with the Business Licensing Authority
- registration with the Business Licensing Authority
- reporting to the Owners Corporation at general meetings held every year
- separate accounting for money held for each Owners Corporation
An Owners Corporation manager is usually appointed in writing. The contract should avoid terms that are unfair. It should also do not cause a significant imbalance of rights and obligations. Both parties should have the ability to end, renew or not renew the contract. All contracts should abide by the Owners Corporations Act 2006.
An Owners Corporation manager has different functions and powers. These are set out in the Owners Corporations Act 2006. Also in the Owners Corporations Regulations 2018. These are also set out in the rules of the Owners Corporation. The Owners Corporation should sanction these functions and powers at a general meeting. The minutes should have them in the record. These functions and powers should be set out in an instrument of delegation.
The two types
There are two types of owners corporation managers. The volunteer type and the paid professional. A volunteer owners corporation manager does not need to have a registration. He or she may or may not have insurance. A paid professional should have a registration. He or she should also have professional indemnity insurance. A volunteer and paid professional both have the same legal obligations.
An owners corporation takes responsibility for its manager. It is accountable for all actions taken by a paid or volunteer manager on its behalf.