Standard Module elections

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

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

• Accommodation Module elections
• Commercial Module elections
• Small Schemes Module elections.

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 that all owners who are entitled to vote can do so and that their votes are kept secure.

Normally elections must follow the process in sections 16 to 27 of the Standard Module. 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, unless a body corporate manager is being engaged in place of the committee.

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 required for that position and the person must be declared elected unopposed.

If the number of nominees for the ordinary member positions plus the number of elected executive members is less than or equal to the maximum number of committee members required, each nominee is declared 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 election must be conducted by secret ballot unless the body corporate has passed an ordinary resolution deciding to hold open ballots.

Refer to the legislation for more information about running:

• secret ballots (ss. 21–25)
• open ballots (ss. 26–30).

Ballot papers

The secretary must always complete a hard copy of the ballot papers for any position a ballot is needed for. They must also complete an electronic version of the ballot paper if the body corporate has previously elected to allow electronic voting.

If satisfied that a nomination is valid, the secretary must include each candidate’s name and details on the ballot paper. The names are included in alphabetical order by last name.

The secretary must send the ballot papers, ballot envelope and (in the case of a secret ballot) particulars envelope to owners with the notice of the annual general meeting.

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

Secret ballot papers

Along with the notice for the annual general meeting, the secretary must include:

• hard-copy secret ballot papers
• an envelope marked ‘ballot paper’ and either
  • a separate particulars envelope
  • a particulars tab which can be detached without unsealing the ballot paper envelope.

Electronic ballot papers

The body corporate may decide (by passing a motion by ordinary resolution) to allow owners to cast electronic votes in ballots for committee elections.

The body corporate can only decide this if they operate a system for receiving electronic votes that:

• rejects a vote cast by a person who either
  • is not eligible to vote in the election
  • has already voted in the election
• only allows the secretary to receive the vote

and

• does not disclose the identity of the voter (if voting by secret ballot).

To cast an electronic vote the person must follow:

• the instructions sent by the secretary so that the secretary receives the vote either
  • before the annual general meeting
  • at the annual general meeting if the electronic voting system allows
• the Electronic Transactions (Queensland) Act 2001 about how a document should be signed or sent.

Election process

The ballots occur in this 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
• records the count of votes.

Any function of the chair in the election can be delegated to an independent person. However, a body corporate does not have to appoint a returning officer to conduct the election.

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 flipping a coin).

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

Ordinary positions

The ballot for ordinary member 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.

A ballot is held if there are more nominations than 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 flipping a coin).

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

Vacancies at the annual general meeting

If the number of people elected to the committee does not meet the maximum number of committee members, the person chairing the meeting must call for nominations from the floor of the meeting to try to bring the number of committee members up to the maximum number.

Nominations can be made either:

• verbally at the meeting
• in writing before the meeting starts.

Vacancies after 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 Standard 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

Learn more about committees:

• role of the committee
• committee structure
• nominations and eligibility
• removing committee members
• filling casual vacancies.