When it comes to harmonious Strata apartment living, the relationship between Strata Managers, Strata Council members and the strata company is very important. When it comes to effective strata management, your Strata Management Company will rely on effective communication from the council of the strata company members to provide instruction on things like repairs, maintenance, budget decisions and more, and when those instructions are required to be agreed upon by, and communicated with multiple council members, complexities can arise.
One of the ways many strata apartment companies are overcoming this complexity is by appointing a Chairperson.
The council of the strata company company can appoint a chairperson who is responsible for key communications and decision-making tasks ( Strata Titles Act 1985 WA). Here are some common questions we get about this at ESM Strata and what kinds of responsibilities a chairperson holds:
How do you appoint a Chairperson
Under the Strata Titles Act 1985 (WA), the process of appointing a chairperson begins after the annual general meeting (AGM) of the strata company. During the AGM, lot owners elect members to the strata council, which is responsible for managing the affairs of the strata scheme. Once the council members are elected, they must hold an initial council meeting to appoint office bearers, including the chairperson.
According to Section 135 of the Strata Titles Act 1985 (WA), the council of the strata company is required to elect a chairperson from among its members. This appointment is a critical step as the chairperson plays a pivotal role in the governance and administration of the strata scheme. Once appointed, the chairperson’s term of office typically lasts until the next AGM. However, the chairperson can be re-elected or replaced at subsequent council meetings if necessary. The chairperson can also resign from their position, or they may be removed by a resolution of the council if circumstances require.
What are the responsibilities of the Chairperson
- Presiding Over Meetings. The chairperson leads both council and general meetings. This involves setting the agenda, facilitating discussions, and ensuring that meetings are orderly and productive.
- Main Communications. The chairperson acts as the primary point of contact for internal and external communications. They communicate decisions and important information to all lot owners, council members, and external parties such as contractors or government bodies. They can also ensure that all stakeholders are informed about upcoming meetings, decisions made, and any other significant developments within the strata scheme.
- Decision-Making. The chairperson plays a crucial role in the decision-making process during meetings. While they facilitate discussions and ensure that all members have the opportunity to contribute, they also have a vote in council decisions. In the event of a tie, the chairperson may have a casting vote, depending on the strata scheme’s by-laws. They ensure that decisions are made in accordance with the Act and the by-laws, and are implemented effectively.
- Maintaining Order and Compliance. During meetings, the chairperson is responsible for maintaining order and ensuring that the proceedings are conducted in a respectful and structured manner. They ensure that the strata company complies with legal and procedural requirements, including the submission of necessary documents and adherence to the by-laws.
- Implementation of Decisions. The chairperson oversees the implementation of resolutions passed by the strata company. This includes coordinating with other council members, the strata manager (if appointed), and any relevant service providers. They ensure that actions are taken in a timely manner and that the outcomes are communicated to the lot owners.
Who are they accountable to?
The chairperson is accountable to the council and the lot owners. They must act in the best interests of the strata company and ensure transparency in their communications and decision-making processes.
If you are thinking about appointing or nominating a chairperson, have a chat to your Strata Manager who can help navigate the process.