Removing committee members

The legislation details the term of office of a committee member. It also outlines how a body corporate can remove a committee member from office.

This information is relevant to schemes registered under the:

  • Standard Module
  • Accommodation Module
  • Commercial Module
  • Small Schemes Module

Schemes registered under the Specified Two-lot Schemes Module do not have a committee.

Term of office

The position of a voting member of the committee becomes vacant (known as a casual vacancy) if the member:

  • resigns in writing to the chairperson or secretary
  • is not present personally or by proxy at 2 committee meetings in a row without the committee's consent (this does not apply to the Small Schemes Module)
  • is convicted of an indictable offence (i.e. a more serious crime, whether or not a conviction is recorded)
  • is removed by an ordinary resolution of the body corporate
  • is removed for breaching the code of conduct
  • dies
  • becomes ineligible to hold the position.

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.

Removal for breach of code of conduct

If it decides to by ordinary resolution, the body corporate can remove a voting member from the committee for a breach of the code of conduct for voting members of the committee.

Before it can pass a resolution to remove a committee member for a breach of the code of conduct, the body corporate must:

  • pass an ordinary resolution deciding to give the committee member a breach notice
  • give the committee member a breach notice that includes the things stated in
    • section 45 of the Standard Module
    • section 37 of the Accommodation Module
    • section 16 of the Small Schemes and Commercial Module
  • allow the committee member to make a written response to the notice
  • pay the committee members costs of sending out the response, if asked
  • attach the breach notice to the agenda of the general meeting considering a motion to remove the member from the committee.

Remove for another reason

As an alternative to the code of conduct process, a body corporate may remove a member from office by ordinary resolution at a general meeting.

The person submitting the motion to a general meeting does not need to give the reason for the removal.

If the submitter of the motion does give a reason that refers to the code of conduct, then the process outlined above applies.

It is suggested there is a separate general meeting motion for each member being removed.

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Further questions?

If you have further body corporate questions you can submit an enquiry or phone the information service on 1800 060 119 (freecall).

We cannot give legal advice or rulings—we can only give you general information on body corporate legislation.