This article discusses committee member missed two meetings removal and whether they can remain after offering an explanation.
Question: Two committee members have missed two meetings with no proxy or explanation. Should they be given a right of reply? If they show up for the next meeting, are they still on the committee?
At our last meeting, two committee members were voted off the committee due to missing the previous two meeting with no apology or proxy. The committee also voted to give them a right of reply. We are now two weeks out from our next committee meeting and the Strata Manager has finally tracked the two members down and states that they have a right of reply.
The two committee members have made no contact with the Secretary at all.
- Is there a time frame to allow a right of reply?
- Are they still considered committee members if they show up at the next committee meeting or do they have to be voted back in after their right of reply?
Answer: At the time the member doesn’t show up at the second meeting without proxy or leave, their position becomes automatically vacant.
The legislation is pretty clear in how it deals with absentee committee members. The standard module states:
A member’s position becomes vacant if the member is not present personally, by proxy or by any electronic means authorised by a resolution of the committee, at 2 consecutive meetings of the committee without the committee’s leave.
At the time the member doesn’t show up at the second meeting without proxy or leave, their position becomes automatically vacant.
As Committee members they are supposed to have a reasonable understanding of the act so this should be no surprise to them.
In the instance of a casual vacancy, the Committee has 30 days to appoint a replacement. If it cannot do so in that time, an EGM should be called to fill the vacancy.
That’s the theory.
Is there wiggle room around that? Well, you’ve asked for an explanation so that implies the committee might exercise it’s right to give leave. Ideally, you might have given a time frame in which to respond, but even if you didn’t, I think you can fall back on the standard of reasonability. A week seems like a reasonable time frame. Maybe two if you are generous.
As it stands though, the two members are apparently prepared to offer a rationale. They are separate individuals so they may well be different rationales. Would it hurt to hear these? Maybe hear them out and then the remaining members can vote to see if they should remain on the Committee. If yes, they can stay on. If not, then move to removal and reappointment.
Are there holes in this method? Legislative absolutists might feel that the Committee members are automatically disqualified at the time of the second meeting. Others might question at what time the Committee members vacated their positions and when the 30 day period was triggered. There may not be a definitive answer to these points. Committees are appointed to help the scheme make reasonable decisions. Listen to what the members have to say, think through the decision and record why it was made. Sounds reasonable to me.
This post appears in Strata News #624.
William Marquand Tower Body Corporate E: willmarquand@towerbodycorporate.com.au P: 07 5609 4924