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- Broadly, what role does the Committee play in the day to day running of a complex?
- When is the Committee elected?
- Are there a maximum number of persons that can hold a Committee position at any one time?
- Who is eligible to be on the Committee?
- Are there any other criteria for eligibility?
- Can the Committee fill a vacancy or does a general meeting need to be called?
1. Broadly, what role does the Committee play in the day to day running of a complex?
The committee are the elected representatives of owners, charged with dealing with the day to day administration of the body corporate. The Committee must put in place the lawful decisions of the body corporate and a decision of the Committee is a decision of the body corporate.
2. When is the Committee elected?
The committee must be chosen at each Annual General Meeting and the election must be the last item of business on the agenda. The election of members takes effect immediately after the close of the meeting.
However, in certain circumstances, such as when a member is removed from office, committee members may be appointed at an Extraordinary General Meeting.
Casual vacancies, such as occur when a member sells, resigns etc may be filled at a Committee Meeting.
3. Are there a maximum number of persons that can hold a Committee position at any one time?
Legislation states the Committee must comprise of at least 3 but not more than:
- 7, if there are 7 or more lots in the scheme;
- The number equalling the number of lots, if there are less than 7 lots. For example, if there are 5 lots, 5 is the maximum.
There are exceptions to this when the number of lots is less than three or the scheme is registered under the Small Schemes Module.
4. Who is eligible to be on the Committee?
The Committee consist only of persons who are lot owners or persons with a connection to the lot owners such as family member(s), as defined in relevant legislation, a director or secretary of a corporate owner (a company) or a person appointed under a power of attorney to act for a lot owner.
5. Are there any other criteria for eligibility?
To be eligible for membership of the Committee, the following provisions apply:-
- a lot owner must not owe a debt to the body corporate at the time when the committee members are chosen; and
- the lot owner may not nominate a person for membership if the lot owner owes a debt when the nomination is received by the secretary.
Additionally, nominations must be in writing and must contain the following
- A nomination from a lot owner nominating themselves must be signed and dated by lot owner; and
- A nomination from a lot owner nominating another individual must be signed and dated by the individual, countersigned by the lot owner (or a person acting under the authority of the lot owner) and must state the lot owner's lot number.
- The surname and either the first given name or other name or abbreviation by which the candidate is generally known;
- The position or positions the candidate is nominated for; and
- Any payment sought by the candidate for carrying out the duties of a committee member. For example a committee member may request travelling expenses.
Failure to comply with these provisions may result in a nomination being rejected.
6. Can the Committee fill a vacancy or does a general meeting need to be called?
If a Committee member's position becomes vacant, so long as there are sufficient numbers to form a quorum, the committee may, within 1 month after the position becomes vacant, either:
- call a committee meeting and appoint a person to fill the vacancy; or
- call a general meeting to choose a person to fill the vacancy.
If there are not sufficient numbers to form a quorum, the committee must call a general meeting to choose a person to fill the vacancy.
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