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Accommodation Module elections

This information on body corporate committee elections explains how a committee is elected in schemes registered under the Accommodation Module only.

For committee elections in schemes registered under other regulation modules see:

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

Running an election

A body corporate must choose a committee at the annual general meeting each year.

Elections must be run so all owners who are entitled to vote can do so and that their votes will be kept secure.

Normally elections must follow the process in sections 17 to 28 of the Accommodation Module (PDF, 1.0.4MB). However, the body corporate can pass a special resolution to hold its elections in another way, as long as that method is fair and reasonable.

The committee election is the last item on the agenda of the annual general meeting.

An eligible candidate may be elected to hold 1, 2 or all 3 of the executive positions (chairperson, secretary and treasurer), but they cannot simultaneously hold an executive and ordinary position.

The elected committee members start their role as soon as the meeting ends.

Need for a ballot

Lot owners must complete and return nominations by the end of the body corporate’s financial year.

If only 1 nomination is received for any executive position on the committee, a ballot will not be needed for that position and the person nominated can be elected unopposed. If the number of nominations for the ordinary positions is less than or equal to the number required, each nominee is elected unopposed and no ballot will be required.

Separate ballots must be held for the positions of chairperson, secretary and treasurer. Another ballot is required for the ordinary member positions. However, it is not necessary to have separate ballot papers for each position.

The Accommodation Module sets out some procedures for conducting a ballot. For those matters not set out in the regulations, the body corporate can decide by ordinary resolution how to conduct the ballot.

Ballot papers

The secretary must prepare ballot papers for any position for which a ballot is needed.

If satisfied that a nomination is valid, the secretary includes each candidate’s name and details on the ballot paper.

The secretary must send the ballot papers and ballot envelope to owners with the notice of the annual general meeting.

Voters complete the ballot papers and give or forward them to the secretary before or at the annual general meeting.

Election process

The ballots occur in the following order:

  • chairperson
  • secretary
  • treasurer
  • ordinary members.

At the meeting the secretary gives the ballot papers and envelopes to the person chairing the meeting. The chair then checks the details on the envelope to ensure the voter is eligible to vote in the election.

The chair then records the count of votes.

Any function of the chair in the election can be delegated to an independent person. However, there is no need for a returning officer to be appointed.

Executive positions

If no nominations are received for any executive position, the person chairing the meeting must invite nominations from eligible people.

Nominations can be accepted from:

  • a lot owner present at the meeting
  • in writing from a lot owner not present at the meeting.

A ballot is held if more than 1 person is nominated for a position. The person with the highest number of votes is elected to the position.

If 2 or more candidates get the equal highest number of votes, the winner is decided by chance in a way the meeting decides (e.g. by a toss of a coin).

The chair must tell the meeting the result of the election and the number of votes cast for each candidate. This is recorded in the minutes.

Ordinary positions

The ballot for ordinary positions on the committee is held after the executive positions are filled.

The nomination of a person for an ordinary position will not be considered if they have already been elected as an executive member.

If the number of candidates for ordinary member positions plus the number of elected executive members is less than the required number of committee members, the chair must invite nominations at the meeting to reach the required number of committee members.

Nominations can be accepted from:

  • a lot owner present at the meeting
  • in writing from lot owners not present at the meeting.

A ballot is held if there are more nominations then available positions.

The candidate with the most votes is elected first, the candidate with the next highest votes is elected second and so on, until each available position is filled.

If 2 or more candidates get the same number of votes, the deadlock may be decided by chance in a way the meeting decides (e.g. by a toss of a coin).

The chair must tell the meeting the result of the election and the number of votes cast for each candidate. This is recorded in the minutes.

Vacancies from the annual general meeting

An extraordinary general meeting must be called within 1 month if the election at the annual general meeting results in:

  • at least 1 executive position not being filled
  • the total number of voting members being less than 3.

At the extraordinary general meeting, the body corporate may appoint a person who is eligible to be a member of the committee to fill any vacancy. There is no need for an election.

If 1 co-owner of a lot has been elected to the committee, 1 other co-owner of the lot may be nominated as an ordinary member of the committee, but only if necessary to bring the number of voting members of the committee to 3.

The agenda of the extraordinary general meeting must include a motion to approve the engagement of a body corporate manager to act in place of the committee under Chapter 3 Part 5 of the Accommodation Module.

The motion will only be considered if either:

  • at least 1 executive member position is not filled
  • the total number of voting members is less than 3.

If the body corporate passes a motion to engage a body corporate manager under Chapter 3 Part 5, all committee member positions will become vacant and there will be no committee.

More information

For other information on committees see:

Further questions?

If you have further body corporate questions you can submit an enquiry or phone the information service on 1800 060 119 (freecall).

We cannot give legal advice or rulings—we can only give you general information on body corporate legislation.

Last updated
17 January 2018
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