Small Schemes Module elections
This information on body corporate committee elections explains how a committee is elected in schemes registered under the Small Schemes 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, unless either:
- all lots in the scheme are owned by the same person, or by 2 different people only
- a body corporate manager is engaged to act for the committee.
Elections must be so that all owners who are entitled to vote can do so and their votes will be kept secure.
The positions of secretary and treasurer may be held by 1 person or 2 people.
The community management statement can contain rules which outline how the body corporate chooses the committee. The body corporate can pass a special resolution to decide how to hold an election if this is not set out in the community management statement.
Committee in schemes with 1 or 2 owners
If all lots are owned by the same person, the committee is made up of the individual who is the owner, or their nominee. That person is both secretary and treasurer.
If all lots are owned by 2 owners, the committee consists of the 2 owners, or their nominees, unless both owners agree that only 1 of the owners will be the committee. If there are 2 committee members, they must decide between them who will be the secretary and who will be the treasurer. If they cannot agree, the 2 committee members will hold both positions jointly.
However, the above does not apply if the body corporate has passed a resolution to engage a body corporate manager to act for the committee, under Chapter 3, part 5.
Alternative to a committee
Instead of appointing a committee, the body corporate can engage a body corporate manager (under Chapter 3 Part 5 of the regulation) to carry out the functions of the committee, the secretary or the treasurer.
The body corporate must pass a special resolution at a general meeting to engage, or amend an engagement, of a body corporate manager to act for the committee.
If a body corporate manager is engaged in this way, there is no committee.
More information
For other information on committees see:
- role of the committee
- committee composition
- nominations and eligibility
- removing committee members
- filling casual vacancies.