What Happens When A Committee Member Resigns – Qld

SSKB strata managers, looks at what a strata community needs to do when an OC or Body Corporate committee member resigns

A committee member may resign for many reasons – the sale of the property, other commitments, even just a need for a change.

If the committee member decides not to wait until the annual general meeting to stand down, there are procedures that have to be followed to ensure the body corporate runs smoothly.

The member has to resign in writing to the chairperson or secretary.

That committee position is declared a casual vacancy and it must be filled to maintain the same number of committee members as were voted in at the last annual general meeting.

The body corporate cannot increase or decrease its numbers on the committee during the year. For example, if six people were elected to the committee at the last annual general meeting, the body corporate must ensure it keeps six members for the whole year.

If the resigning member doesn’t leave the committee short of a quorum, the committee has two options to fill the casual vacancy.

  • Appoint an eligible person to fill the vacancy at the next committee meeting, or
  • Call a general meeting to choose an eligible person to fill the vacancy

However, if the resignation of the member leaves the committee unable to form a quorum, the committee must call a general meeting.

The process for filling a vacancy at a general meeting is different to electing a committee at an annual general meeting. This process is set out in sections 39, 40 and 41 of the Standard and Accommodation Module (https://www.legislation.qld.gov.au/LEGISLTN/CURRENT/B/BodyCorpStR08.pdf), and includes the following:

  • the notice of the meeting must include an explanatory note about nominating and voting for the position
  • nominations can be made at the meeting or given in writing before the election occurs
  • an owner must be present personally at the meeting to be able to vote in the election.

There are other reasons other than resignation which may result in a casual vacancy and these include a commit member being

  • not present personally or by proxy at two committee meetings in a row without the committee’s consent (this does not apply to the Small Schemes Module)
  • convicted of an indictable offence (i.e. a more serious crime, whether or not a conviction is recorded)
  • removed by an ordinary resolution of the body corporate

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.

If you have any questions about committees, committee positions, voting and casual vacancies, contact your SSKB Community Manager. You will also find useful information here: https://www.qld.gov.au/law/housing-and-neighbours/body-corporate/forming-a-body-corporate-committee/filling-casual-vacancies

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