Wednesday, June 3, 2020

Owners Corporation Act 2006

Part 2
Division 1
Section 11

Management of owners corporation and power to delegate | Section 11

(1)     An owners corporation is to be managed by or under the direction of the lot owners.

(2)     Subject to subsection (3), an owners corporation may, by instrument or by resolution at a general meeting, delegate any power or function of the owners corporation to—

(a)     the committee of the owners corporation;

(b)     the manager of the owners corporation;

(c)     a lot owner;

(d)     the chairperson of the owners corporation;

(e)     the secretary of the owners corporation;

(f)     an employee of the owners corporation.

(3)     An owners corporation must not delegate any of the following powers or functions under subsection (2)—

(a)     a power or function that requires a unanimous resolution, a special resolution or a resolution at a general meeting;

(b)     the power of delegation under that subsection.

Note

See section 82.

(4)     A resolution under subsection (2) is only effective if it is recorded in the minutes of the general meeting.

(5)     If no delegation is in force under subsection (2)(a), the committee of the owners corporation is delegated all powers and functions that may be exercised by the owners corporation, except for—

(a)     those powers and functions set out in subsection (3); and

(b)     those matters which must be determined at a general meeting under section 82.

(6)     Subsection (1) does not give rise to any fiduciary duties or directors’ duties on the part of lot owners.

Note

See section 5 for duties of an owners corporation.

© State of Victoria (Consumer Affairs Victoria). For the latest information please go to https://www.legislation.vic.gov.au/in-force/acts/owners-corporations-act-2006/017

Disclaimer: Reproduced from the Owners Corporation Act 2006. This website does not give legal advice or other professional advice. You should seek legal or other professional advice before acting and not rely on any of the content on this website.

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