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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Recent Comments

6 Comments

Elizabeth Powell On February 1, 2018 | Reply

A committee member has resigned and has recommended a suitable candidate to replace him, yet the committee want to wait for the voting for the AGM in four months time. Are they able to do this ?

    SSKB On February 8, 2018 | Reply

    How a body corporate fills a vacancy depends on how the vacancy arose and which Regulation Module the scheme is registered under with the QLD Department of Natural Resources. The Regulation Module can be identified from the Community Management Statement for your building.

    The following information pertains to the Standard Module and Accommodation Module.

    The vacancy 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. Within 1 month after the position of the member of the committee becomes vacant, the Committee must;
    1. appoint an eligible person to fill the vacancy (at the next committee meeting or by Vote Outside Committee) within , or
    2. 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.

    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

Marilyn Cockrell On February 26, 2018 | Reply

The Chairman of our Body Corporate stood against another lot owner and won the position. This was 6 weeks ago at our AGM . He is now resigning and his position seems to be filled by the current secretary. The Committee has not notified the Body Corporate of the situation. Does the previous lot owner have the right to step into the role of chairman or does there need to be a general meeting held or can the Committee appoint who they want?

    SSKB On February 27, 2018 | Reply

    Good morning Marilyn,
    The legislation allows for the committee to appoint a replacement and it must be within 30 days. They will need to replace the secretary’s position as well.

Marcus Parker On March 3, 2018 | Reply

We have a commercial building with six lots. What is a quorum? Also, can a Committee member be removed because he/she is not liked by other (I) members of the Committee, (ii) other Lot owners? Thank you.

    SSKB On March 8, 2018 | Reply

    Hello Marcus,
    A quorum is 25% of eligible votes. Any lots owned by a company need to have a company nominee. If not they do not count, and any duplicate lots don’t count either. e.g. If all lots are owned by different companies and all have a company nominee, the quorum is 6 x 25% = 1.5 round up to 2.

    A committee member can be removed by an ordinary resolution at a general meeting, not by the committee.

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