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Generally a committee member continues in office until another person is chosen for that position. However, a committee member’s position becomes vacant if that person –
- Dies
- Becomes ineligible to hold the position
- Resigns
- Is absent (personally or by proxy) without leave for 2 consecutive meetings of the committee (if current committee members do not except apologies)
- Is convicted of an indictable offence
- Is removed from office by ordinary resolution
- Was an owner when elected and sells their lot
- Was eligible for election to the committee because of nomination by an owner, and the nominating owner sells their lot.
Where a committee position becomes vacant then that position must be filled. Action must be taken within one month of the vacancy arising. The committee may vote to fill the vacancy provided that there are still sufficient numbers on the committee to constitute a quorum. The committee may choose to call a general meeting to fill the vacancy. If the vacancies cannot be filled it is compulsory to call a general meeting if the number of members has fallen below a quorum. The general meeting that is called must also include in its notice a motion to appoint a body corporate manager under Part 5 (Section 32). This appointment of the body corporate manager is to be conducted by way of a secret ballot.
All incumbent committee members are removed from office if the body corporate appoints a body corporate manager under a Part 5 Engagement (Standard Module Section 32).
If the vacancy arises by virtue of a general meeting resolution to remove a person, then the vacancy may be filled by a motion at the same meeting for a particular eligible person to replace the removed person (Standard Module Section 32). It is not necessary to conduct an election to fill this kind of vacancy.
Sample Motions:
Motion to Remove John Q Citizen as an Ordinary Member of the Committee – Motion Submitted by Jane Doe (Owner Lot 11) – Ordinary Resolution
That the Body Corporate remove John Q Citizen from the office of ordinary member of the Committee, effective from the close of the general meeting considering this motion.
Motion to Install Jane Doe as an Ordinary Member of the Committee – Motion Submitted by Jane Doe (Owner Lot 11) – Ordinary Resolution (NB Motion falls out of order in the event that the previous motion is not resolved)
That the vacancy for ordinary membership of the Committee arising from the previous motion be filled by the appointment of Jane Doe.
