Removing committee members

The legislation details the term of office of a committee member. It also outlines how a body corporate can remove a committee member from office.

This information is relevant to schemes registered under the:

  • Standard Module
  • Accommodation Module
  • Commercial Module
  • Small Schemes Module

Schemes registered under the Specified Two-lot Schemes Module do not have a committee.

Term of office

The position of a voting member of the committee becomes vacant (known as a casual vacancy) if the member:

  • resigns in writing to the chairperson or secretary
  • is not present personally or by proxy at 2 committee meetings in a row without the committee's consent (this does not apply to the Small Schemes Module)
  • is convicted of an indictable offence (i.e. a more serious crime, whether or not a conviction is recorded)
  • is removed by an ordinary resolution of the body corporate
  • is removed for breaching the code of conduct
  • dies
  • becomes ineligible to hold the position.

A member can become ineligible to hold a committee position if they:

  • were a lot owner at the time they were elected, but have since stopped being a lot owner
  • were not a lot owner but was nominated by a lot owner who has since stopped being a lot owner
  • have been engaged as a body corporate manager or service contractor or authorised as a letting agent.

Removal for breach of code of conduct

If it decides to by ordinary resolution, the body corporate can remove a voting member from the committee for a breach of the code of conduct for voting members of the committee.

Before it can pass a resolution to remove a committee member for a breach of the code of conduct, the body corporate must:

  • pass an ordinary resolution deciding to give the committee member a breach notice
  • give the committee member a breach notice that includes the things stated in
    • section 45 of the Standard Module
    • section 37 of the Accommodation Module
    • section 16 of the Small Schemes and Commercial Module
  • allow the committee member to make a written response to the notice
  • pay the committee members costs of sending out the response, if asked
  • attach the breach notice to the agenda of the general meeting considering a motion to remove the member from the committee.

Remove for another reason

As an alternative to the code of conduct process, a body corporate may remove a member from office by ordinary resolution at a general meeting.

The person submitting the motion to a general meeting does not need to give the reason for the removal.

If the submitter of the motion does give a reason that refers to the code of conduct, then the process outlined above applies.

It is suggested there is a separate general meeting motion for each member being removed.

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