This article discusses conditional resignation from a body corporate committee and clarifies that the replacement is decided by the committee or body corporate.
Can a committee member resign on the condition that her brother, who is a co-owner, replaces her?
Ultimately it is the Committee or the Body Corporate’s decision.
The Standard Module outlines that if a position on the committee becomes vacant, on the basis that there are still enough committee members to form a quorum, the committee vote to appoint an eligible person to fill the vacancy, or if not, or if they wish to, they call a general meeting to choose an eligible person to fill the vacancy.
There is nothing in the legislation relating to conditions of resignation. I would suggest that the committee member discuss with the other members their reasons for resigning, and the brother outline his proposed contribution to the committee, to assist with their consideration of him as the replacement member. Ultimately it is the Committee or the Body Corporate’s decision.
This post appears in Strata News #501.
Charlotte Divall SSKB E: SSKB P: 07 5504 2000