A body corporate must have a committee. The committee will be responsible for the day-to-day running of the body corporate.
Committee membership is different between the regulation modules. The following information applies to schemes registered under the:
- Standard Module
- Accommodation Module
Schemes registered under the Specified Two-lot Scheme Module do not have a committee.
For information on electing a committee see:
- nominations and eligibility
- Standard Module elections
- Accommodation Module elections
- Commercial Module elections
- Small Schemes Module elections
- removing committee members
- filling casual vacancies.
Need for a committee
Bodies corporate must choose a committee at each annual general meeting.
Once the committee has been elected the body corporate must keep the same number of members for the rest of the year. The body corporate cannot increase or decrease the number of people on the committee until the next annual general meeting.
If a committee member leaves their position for any reason (called a casual vacancy) the vacant position may be filled by the committee or at an extraordinary general meeting.
If not all positions on the committee are filled at the annual general meeting, the body corporate may need to hold an extraordinary general meeting to fill the remaining positions. If the body corporate is unable to fill at least 3 committee positions, or if not all executive positions are filled, the body corporate can choose to engage a body corporate manager to act as the committee. This would require a special resolution at the same extraordinary general meeting.
Members of the committee
The committee consists of:
- executive members (chairperson, secretary and treasurer)
- ordinary members
- non-voting members.
The term ‘voting member’ means a member of the committee other than a non-voting member. The chairperson, secretary, treasurer and ordinary members are voting members.
Number of voting members
The regulations say that a body corporate must have the ‘required number’ of committee members.
This means the committee must have a minimum of 3 but no more than 7 voting members.
If there are 7 or greater lots in a scheme, the body corporate committee must have at least 3 voting members and a maximum of 7 voting members.
If there are fewer than 7 lots, the maximum number of voting members equals the number of lots. For example, if there are 5 lots in the scheme, the body corporate committee must have at least 3 voting members and a maximum of 5 voting members.
Committee structure under Small Schemes Module
In schemes registered under the Small Schemes Module the committee consists of a secretary and a treasurer. These are the voting members of the committee.
One person may hold both positions, or the positions may be held by 2 people.
The body corporate may also engage a body corporate manager, who would be a non-voting member of the committee.
A body corporate operating under the Small Schemes Module cannot engage caretaking service contractors (but it may engage a service contractor).
Committee structure under Commercial Module
In schemes registered under the Commercial Module, the committee still consists of a secretary, treasurer, chairperson, ordinary members and non-voting members.
However a non-voting member, for example a body corporate manager, may be chosen to be a secretary or treasurer (or both).
If this happens, the body corporate manager who is chosen to be secretary or treasurer (or both) still does not have a vote at a committee meeting.