Strata Solutions

Strata Management

The Manager's Responsibilities

The Role of an OC Manager

An Owners Corporation manager is anyone appointed by an Owners Corporation to carry out its functions in managing and administering the common property.

These functions include maintenance and repairs, collecting fees, maintaining insurance and keeping financial records.
Any person or company carrying on business as an Owners Corporation manager for a fee or reward in Victoria must be registered by the Business Licensing Authority.

Responsibilities of an Owners Corporation

An Owners Corporation must:

  • Manage and administer the common property

  • Repair and maintain the common property, fixtures and services

  • Take out and maintain required insurance

  • Raise fees from the lot owners to meet financial obligations

  • Prepare financial statements and keep financial records

  • Provide owners corporations certificates when requested

  • Keep an owners corporation register

  • Establish a grievance procedure.

It must also:

  • Carry out any functions and duties under the Owners Corporations Act 2006, the Owners Corporations Regulations 2007, the owners corporation rules and any other law or regulation

  • Ensure compliance with Owners Corporations Act 2006, the Owners Corporations Regulations and rules.

Australian Consumer Law

The Australian Consumer Law and Fair Trading Act 2012 sets out standards of conduct that:

  • protect consumers 

  • prohibit unconscionable, misleading and deceptive conduct 

  • provide for statutory conditions and warranties in consumer contracts, and 

  • void unfair terms in consumer contracts.

Under the Australian Consumer Law and Fair Trading Act 2012, suppliers, including managers, must not engage in misleading or deceptive conduct that may be harmful to owners corporations or their members.

Potential areas of misleading or deceptive conduct include statements made about:

  • fees or prices for services 

  • services provided within the quoted fee, and/or 

  • qualifications or experience of the manager.

Owners Corporations Act

The Owners Corporations Act 2006 also sets out standards of conduct for managers, which are:

  • to act honestly and in good faith 

  • to exercise due care and diligence 

  • not to make improper use of your position to gain, directly or indirectly, an advantage personally or for any other person.

An owners corporations manager must:

  • be honest and make full disclosure to the owners corporation or committee of issues and potential conflicts 

  • know your legal obligations and those of the owners corporation 

  • promptly inform the owners corporation about issues so members can make decisions and act on them 

  • assist the owners corporation to comply with its legal obligations 

  • get professional advice or more information when in doubt, and 

  • act in the interests of the owners corporation, committee and the lot owners.

To meet these standards of conduct and to improve disclosure and reporting at the annual general meeting, the Manager should record and report on:

  • the number of owners corporations certificates issued and fees charged 

  • the number of telephone calls and the amount of correspondence from lot owners and occupiers raising issues that may lead to complaints 

  • how many people request access to records of the owners corporation, and 

  • any amount of commission or rewards you receive from suppliers for services to the owners corporation (including the amount of insurance commission).