Meetings: Appointing a Manager

In this and the following sections, we take you through the agenda of a community corporation AGM.

Legislation

Section 76(9) A community corporation may appoint or engage a person to assist the presiding officer, treasurer or secretary.

The Community Corporation can at a general meeting appoint any firm or person to assist the Corporation.

The Management Committee is prevented from doing so under Section 92:

92(3) A committee cannot delegate its functions or powers but a community corporation may appoint or engage a person to assist the committee in the performance of the committee's functions


Appointing a manager:

This item follows the passing of the financial report. An extract from our pro-forma minutes follows:

APPOINTMENT OF MANAGERS:
That _____________________, and/or their nominee, is appointed to assist the Corporation by undertaking all those functions, powers & duties as contained in the Community Titles Act 1996 at an annual primary remuneration of $_______ including GST
Additional recoverable charges may be made for meeting fees and audit, government fees including GST, bank fees, stamp duty, postage and photocopying charges which will be debited to the Corporation as actually expended.
Duties of the appointed Managers:
General: To provide, so far as is reasonably necessary, general advice and assistance to the Corporation and its officers, and to assist them in the performance of their responsibilities under the Act.
Meetings: Arrange the General and Management Committee meetings, prepare and distribute notices, including an agenda. Attend General (and Management Committee meetings if needed) and assist the Presiding Officer in the conduct of meetings. Assist the Secretary in the recording & preparation of minutes of meetings and the distribution of such minutes.
Maintenance: Advise upon and arrange for the maintenance, repair and replacement of the common property in accordance with the Corporation's instructions. Organise emergency maintenance works.
Insurance: Place and renew insurances in accordance with the Corporations instructions and organize any claim to be promptly processed.
Accounting: Collect, bank and account for maintenance contributions, levies, interest accruing or other amounts due to the Corporation. Send notices levying maintenance or other contributions and pay accounts and outgoings. Prepare annual financial statements of accounts of the Corporation and arrange an annual tax return & GST/BAS returns as required by law.
Secretarial: Promptly deal with the Corporation correspondence and requests for Searches. Ensure that all appropriate and proper records of the Corporation are maintained and kept secure and confidential including all books, records, common seal, certificates of title, plans, specifications, reports, schedules and the like.
Public Officer: To act as the Corporation's Public Officer for the purpose of signing Tax Returns and other matters as required by statute.
Commissions: The manager may receive a commission for placing the Corporation’s insurance.

Note: A management agreement will be posted to the group’s Presiding Officer for signing.

Moved____________ / Seconded ____________ Motion carried.

Hint

As chairperson:

  • if the manager is present ask him/her to leave the room while owners discuss their appointment
  • ask the manager to supply a copy of their management agreement
  • if considering a new manager, clarify fees, length of agreement (suggest max 1 year) duties, performance standards, professional indemnity insurance and termination arrangements - see the manager checklist below.
  • see our chapter on Managers for more information

Tools

The following may be of assistance:

Manager Checklist

maanger checklist
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Three Laws of Meetings

unite group
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Meeting Manage Video

meeting video
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Meeting Hints Sheetmeeting hints
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Meeting Procedure Rules

meeting rules
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Sample Management Agreement

management agreement
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Link to next step - Appointment of Officers