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.
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:
There are other reasons other than resignation which may result in a casual vacancy and these include a commit member being
A member can become ineligible to hold a committee position if they:
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