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Chairperson - Powers and Duties
Written by Mary McLean    PDF Print E-mail

As per the Body Corporate and Community Management Act 1997

and Standard Module Regulation. The other Regulation Modules may impose different requirements.

(Current as at 10 February 2009 including amendments approved on 30 August 2008 )



General Meetings

* at the first AGM accepts committee nominations

Reg 19(2)(b)

* chairs general meetings

Reg 48(1)

* knows who can vote

Reg 83

* puts proxies before meetings for admittance

Reg 98-105

* rules motions out of order if necessary

Reg 81(1)

* gives reasons for rulings

Reg 81(2)

* accepts procedural motions and motions to correct minutes

Reg 81(1)(b)

* declares whether or not a quorum is present

Reg 82(2)

* adjourns meetings for lack of a quorum

Reg 82(3)

* at an adjourned meeting he/she may constitute a quorum alone

Reg 82(4)(a)

* acts as the subsidiary scheme representative if none has been appointed by the subsidiary scheme

Reg 85(3)

* accepts voting papers not later than the start of the meeting;

Reg 87(2)

* decides whether a ballot should be taken to ensure there is an accurate count of votes cast at a general meeting

Reg 87(2)(b)

* submits to general meetings only business set out in the agenda and on the voting papers

Reg 87(5)

* accepts amendments to motions

Reg 94(1)

* accepts motions to change the insurance arrangements

Reg 77(3)(b)

* conducts a secret ballot on a motion if the committee recommends that a motion be decided in that way

Reg 88(1)

* understands types of resolutions required

Sect 105-107

* declares the results of voting at general meetings

Reg 93(1)

* when declaring the results of voting, states the votes for, against and abstaining

Reg 93(2)

* knows how to conduct a poll

Sec 109-110


Conducts elections for committee meetings:

for open ballots -

(a) scrutinises details to ensure each person has the right to vote

Reg 25(1)(a)

(b) removes any ballot papers which are in envelopes

Reg 25(1)(b)

for secret ballots -

(a) scrutinises details to ensure each person has the right to vote

Reg 25(2)(a)

(b) removes ballot-papers from particulars envelopes or removes tabs

Reg 25(2)(b)

(c) removes the ballot-papers from the ballot-paper envelopes

Reg 25(2)(e)

for open and secret ballots -

(a) records the count of votes in the meeting minutes

Reg 25(3)

(b) if only 1 person is nominated for an executive position, declares the person elected unopposed

Reg 26(1)

(c) if no nominations are received for an executive position, calls for and accepts nominations from those at the meeting or in writing from non-attendees

Reg 26(2)

(d) if more than 1 person nominates for an executive position, conducts a ballot for the position

Reg 26

(e) if 2 or more persons receive equal votes, decides the outcome by chance, in the way the meeting decides

Reg 26(4)

(f) if the number of persons nominated as ordinary members plus the elected executive members is not more than the number required, declares those persons elected as ordinary members

Reg 27(3)

(g) if the number of persons nominated as ordinary members plus the elected executive members is fewer than the number required , to bring the total to the number required, calls for and accepts nominations from those at the meeting or, in writing from non-attendees

Reg 27(4)

(h) if the number of persons nominated as ordinary members plus elected executive members exceeds the number required

- scrutinises the details of the candidates

Reg 27(6)

- declares those with the highest number of votes elected

Reg 27(7)

(i) if 2 or more persons receive equal votes, decides the outcome by chance, in the way the meeting decides

Reg 27(8)

(j) allows time for votes to be cast, announces the close of the ballot, and proceeds to the count

Reg 24(4)

(k) allows candidates or their scrutineers to watch the count

Reg 24(5)

(l) declares the results of voting

Reg 28(1)

(m) states the number of votes cast for each candidate

Reg 28(2)


Committee Meetings

* acts as an executive member of the committee

Reg 9(1)(a)

* calls committee meetings in the absence of the secretary

Reg 44(1)(a)

* when calling a requested committee meeting, acknowledges receipt of the request for a meeting

Reg 44(4)

* ensures that at least one committee meeting is held each year to prepare the agenda for the annual general meeting

Reg 76(1)

* ensures that restricted matters are not dealt with at committee meetings and that remuneration of committee members is dealt with correctly;

Reg 42

* understands the limits that apply to committee spending

Reg 151

* chairs all meetings

Reg 48(1)

* may appoint another person as a proxy

Reg 100(1)

* understand the use of proxies

Regs 99-105

* declares whether or not a quorum is present

Reg 49(1)

* only proceeds to a vote if a quorum is

Reg 52(3)

* submits to meetings the agenda items

Reg 47(1)

* accepts other items of business raised at the meeting

Reg 47(2)

* deals with conflicts of interest

Reg 53


Other Duties

* accepts summons and other legal process

Sec 315

* witnesses and signs documents when the seal is applied

Reg 192(3) & (4)

* is properly informed regarding agreements with body corporate managers, service contractors and letting agents

 

Unit Owners Association of Queensland

www.uoaq.org.au

PLEASE NOTE - These notes on the Standard Regulation Module are issued in the belief they are accurate and not misleading. The Association and its committee are not engaged in giving legal, accounting or other professional advice. We disclaim all liability for any loss or damages suffered by any person acting upon or relying on these notes. If legal advice or other expert assistance is required, advice should be sought from a competent, professional person.

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Unit Owners Association of Queensland Inc.

help@uoaq.org.au