When is a Change of Committee Chairperson or a New Secretary Needed?

The Act now provides that every Body Corporate must annually elect one of its Unit Owners to the position of Body Corporate Chairperson. This position carries significant duties and obligations. Our experience is that very few Bodies Corporate are able to find a volunteer for this position.

Whilst it was formerly a mandatory requirement, the Act now also enables Bodies Corporate to resolve to not have a Committee. For all that, many Bodies Corporate are run by one or more Unit Owners acting formally or informally as a Committee. Whilst, in some cases, these arrangements can work fairly well, we find in the majority of these situations there is widespread discontent and much that should be happening is simply not happening. It is not uncommon that one or a small group of the Unit Owners has gained or assumed control including unfettered power to make the decisions of the Body Corporate.

We have been appointed as the New Secretary of the Body Corporate in a number of these situations and we usually find a trail of poorly conceived decisions and edicts made in the past that have no proper foundation in terms of Body Corporate law or governance.

In some other cases, Unit Owners are suffering under a previously appointed Body Corporate Secretary who may have severe conflicts of interest or, for any number of other reasons, is not performing up to the expectations and satisfaction of the Unit Owners.

The above situations are not uncommon and we have been asked on many occasions to step in or provide a solution. It is not necessary to keep on putting up with bad administration of your Body Corporate and it doesn't take much to get things on to an improved and happier footing. Without doubt, the values of the Units will not be rising as quickly as they should be in situations where bad administration regimes are in control.

Please contact us for further information.

Return to the Unit Owners Seeking Change Page.


copyright 2009