This article discusses how electing office bearers is handled between the AGM and the first executive committee meeting.
Question: Does strata legislation require office bearers to be elected at each AGM, or can the committee appoint them at its first meeting after the AGM?
Does the legislation require lot owners to vote on the appointment or reappointment of office holders, such as the chair, secretary and treasurer, at every annual general meeting? Or can the strata committee instead elect or confirm these office bearers at its first committee meeting after the AGM?
Answer: Generally, as it is stated that “the executive committee must” elect the office bearers, this would be done at the first meeting of the EC.
Under section 40 of the Unit Titles (Management) Act 2011, the executive committee (EC) must elect a chairperson, a secretary and a treasurer, and the committee may elect a person to 2 or more positions.
Generally, as it is stated that “the executive committee must elect the office bearers, this would be done at the first meeting of the EC. However, the owners corporation may decide to do this at the Annual General Meeting following the election of the EC.
For smaller owners corporations, who often do not hold formal EC meetings, it would be advisable to elect the office bearers at the AGM. Generally, larger owners corporations hold regular EC meetings and hold an EC meeting shortly after the AGM, when the office bearers are elected.
Steve Wiebe
Bridge Strata
E: steve@bridgestrata.com.au
P: 02 6109 7700
This post appears in Strata News #774.
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Read next:
- ACT: Q&A Owners Corporation Executive Committee
- ACT: Q&A Privacy Act: Can a Strata Manager Refuse to Provide Lot Owner Details to the Executive Committee?
- ACT: Q&A Unit Entitlements, Proxy Votes and the Quorum
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