A body corporate must have a committee. The committee is responsible for the day-to-day running of the body corporate.
Committee membership requirements depend on your regulation module. The following information applies to schemes registered under the:
- Standard Module
- Accommodation Module
Schemes registered under the Specified Two-lot Schemes 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
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 (making 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 all voting members.
Number of voting members
The regulations say that a body corporate committee, other than a minor committee, must consist of at least 3 voting members and not more than the ‘maximum number’ of voting members for the committee.
The maximum number of committee members for schemes that have:
- 7 or more lots is 7
- fewer than 7 lots is the number of lots.
Layered scheme committees
A principal scheme in a layered arrangement of community titles schemes with more than 7 lots can increase the maximum number of voting committee members from 7 to a maximum of 12 members by passing a motion by ordinary resolution.
A body corporate where there are 3 or more lots and 3 or fewer owners will have a ‘minor committee’ as follows:
- 1 person who owns all the lots.
- 2 people who own all the lots between them.
- 3 people who own all the lots between them.
Multiple owners should decide between themselves which executive positions they will each hold.
If the owners can’t decide who will hold the 3 executive positions, the owners will jointly hold the executive positions.
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 (e.g. 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 a secretary or treasurer (or both) still cannot vote at a committee meeting.