Removing committee members
The legislation details the term of office of a committee member. It also outlines how a body corporate can remove a committee member from office.
This information is relevant to schemes registered under the:
- Standard Module
- Accommodation Module
- Commercial Module
- Small Schemes Module
Schemes registered under the Specified Two-lot Schemes Module do not have a committee.
Term of office
The position of a voting member of the committee becomes vacant (known as a casual vacancy) if the member:
- resigns in writing to the chairperson or secretary
- is not present personally or by proxy at 2 committee meetings in a row without the committee's consent (this does not apply to the Small Schemes Module)
- is convicted of an indictable offence (i.e. a more serious crime, whether or not a conviction is recorded)
- is removed by an ordinary resolution of the body corporate
- is removed for breaching the code of conduct
- dies
- becomes ineligible to hold the position.
A member can become ineligible to hold a committee position if they:
- were a lot owner at the time they were elected, but have since stopped being a lot owner
- were not a lot owner but was nominated by a lot owner who has since stopped being a lot owner
- have been engaged as a body corporate manager or service contractor or authorised as a letting agent.
Removal for breach of code of conduct
If it decides to by ordinary resolution, the body corporate can remove a voting member from the committee for a breach of the code of conduct for voting members of the committee.
Before it can pass a resolution to remove a committee member for a breach of the code of conduct, the body corporate must:
- pass an ordinary resolution deciding to give the committee member a breach notice
- give the committee member a breach notice that includes the things stated in
- section 45 of the Standard Module
- section 37 of the Accommodation Module
- section 16 of the Small Schemes and Commercial Module
- allow the committee member to make a written response to the notice
- pay the committee members costs of sending out the response, if asked
- attach the breach notice to the agenda of the general meeting considering a motion to remove the member from the committee.
Remove for another reason
As an alternative to the code of conduct process, a body corporate may remove a member from office by ordinary resolution at a general meeting.
The person submitting the motion to a general meeting does not need to give the reason for the removal.
If the submitter of the motion does give a reason that refers to the code of conduct, then the process outlined above applies.
It is suggested there is a separate general meeting motion for each member being removed.
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