This article discusses how to fill a casual vacancy on an executive committee in the ACT and the steps required to appoint a replacement until the next AGM.
Question: One executive committee member resigned when they sold their unit. An owner wants to fill the vacancy. How do we elect them to the committee?
We have four executive committee members in our 24-unit complex. One executive committee member resigned when they sold their unit. An owner wants to fill the vacancy. How do we elect them to the committee?
We have a very litigious owner who constantly takes the EC to ACAT. We want to ensure we do everything correctly so we don’t end up in ACAT.
Answer: Calling an executive committee meeting and noting this nomination on the agenda of that meeting.
Section 39 of the Unit Titles (Management) Act 2011 sets out the requirements for the executive committee.
As I am unaware of the actual resolution that was put forward to your AGM, I will assume that the motion approved four positions, and those four positions were filled.
S39(4)(C) states that an executive member holds office until the next AGM or unit they cease being an eligible person. As the EC member has sold, they have certainly become ineligible, and the position is now considered to be a casual vacancy.
S39(6) states that the EC of an owners corporation may appoint a qualified person to fill a casual vacancy on the committee until the next AGM.
Therefore, you can certainly appoint someone to that position. I suggest calling an executive committee meeting and noting this nomination on the agenda of that meeting. That meeting could then formally appoint the other owner to this casual vacancy.
Provided you follow the requirements of the Act, it would be very unlikely that ACAT would rule to disallow the appointment of an owner to fill a casual vacancy.
This post appears in Strata News #680.
Steve Wiebe Bridge Strata E: steve@bridgestrata.com.au P: 02 6109 7700