Can a committee member nomination be withdrawn once submitted?
An owner may seek to withdraw their nomination prior to the meeting agenda being finalised and sent to owners.
While the legislation is silent on whether a nomination can be withdrawn once submitted to the secretary, adjudicators in the Commissioner’s Office have held that a nomination may be withdrawn prior to the agenda for the annual general meeting being sent to owners.
An owner may seek to withdraw their nomination prior to the meeting agenda being finalised and sent to owners.
In our opinion, it is also logical that a person can withdraw their nomination at any time before the vote, as otherwise the person would simply resign at the conclusion of the meeting, and the committee would choose a replacement rather than the owners.
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Alanna Law is a senior associate employed at Mathews Hunt Legal (MHL). She has exclusively worked with bodies corporate for the last 7 years and has developed significant expertise during this time.
Her extensive experience includes, but is not limited to:
- general body corporate advice (i.e. as regards validity of owner motions, exclusive use, legislative responsibilities, maintenance of common property, and improvements to common property by both owners and bodies corporate);
- by-law reviews and enforcement of by-laws;
- resolution of disputes in the Commissioner’s Office, Queensland Civil and Administrative Tribunal and the Magistrates Court;
- enforcement of Adjudicator’s Orders in the Magistrates Court; and
- caretaking matters (including disputes, variations and negotiation of new agreements).
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