Question: Our chair resigned, and we have a casual vacancy. Until a new chair is elected, the committee is incomplete. Can the committee vote on disputes, expenditure and owners’ requests until the chair is replaced?
Answer: There is a strict obligation to fill the vacancy.
Under legislation, the obligation to fill a casual vacancy is framed as ‘must’ rather than ‘may’ (refer to sections 46-51 of the Standard Module and equivalent provisions of other Regulation Modules for more detail). In other words, it is a strict obligation to fill the vacancy and it could be argued that in not doing so, the remaining members of the committee do not constitute a compliant committee. This may, in turn, mean that any decisions the group makes would be invalid.
Given there is no compliance activity conducted in relation to strata schemes, it is, of course, feasible that a committee under the conditions you describe could continue on and make decisions and no one may care too much. Then again, is that a risk worth taking?
This is general information only and not legal advice.
This post appears in the April 2025 edition of The QLD Strata Magazine.
Chris Irons
Strata Solve
E: chris@stratasolve.com.au
P: 0419 805 898
Thank you Chris or explanation.
There is other situation, when the chairperson resigned verbally at the beginning of the committee meeting but no notice of her resignation has been issued to the secretary or to the body corporate manager. Only minutes provided information of her resignation. She is not willing to provide any written Notice. However there is process of filling a casual vacancy for the committee. She stays on other executive position of the committee – the treasurer. The committee meeting was chairing by the body corporate manager without the committee authorization. What may the committee do in this situation?