This article discusses the fill committee vacancy below quorum process and when an EGM is required.
Question: What is the process for filling a committee vacancy if the committee members fall below a quorum? Is a VOC required to call the EGM?
Regulation 48(1)(b) of the Standard Module states that if the number of committee members falls below the number required for a quorum, the committee must call a general meeting of the body corporate to choose a person to fill the vacancy.
Is a VOC required to call the EGM? If yes and there has been no VOC or committee meeting, can the EGM proceed?
What if the entire committee resigns before holding a VOC?
Answer: As the EGM is a mandated step in the process, a VOC of the remaining members is not required.
When a committee member resigns, the remaining committee members have 30 days to nominate an eligible person to fill the vacancy, otherwise, an EGM must be called.
As the EGM is a mandated step in the process, a VOC of the remaining members is not required. However, it may be sensible to write to owners before calling the EGM to explain the situation and seek nominations.
If the entire committee resigned it would still be the case that the EGM would be required. If you had a body corporate manager, they would probably call this for you as the powers of the secretary would be delegated to them.
If you didn’t have a manager, that might be more complicated. If no one is prepared to make the arrangements, you might have to go to the commissioner’s office to seek a Part 5 Agreement to have a manager appointed, but that will still require someone to do something. That something might as well be calling the EGM to at least get you to the stage where you have a committee to carry things forward.
The BCCM website’s Filling casual vacancies states it’s important to note that the process for filling a vacancy at a general meeting is different to electing a committee at an annual general meeting. Changes include that:
- the notice of the meeting must include an explanatory note about nominating and voting for the position,
- nominations can be made at the meeting or given in writing before the election occurs,
- an owner must be present personally at the meeting to be able to vote in the election.
This post appears in the March 2025 edition of The QLD Strata Magazine.
William Marquand Tower Body Corporate E: willmarquand@towerbodycorporate.com.au P: 07 5609 4924