These lot owners from QLD have a variety of questions about holding positions on the executive committee. Frank Higginson and Todd Garsden, Hynes Legal provides the following response.
Question: Some members of the committee do not respond to requests or emails. Can we refuse members from holding committee positions in future based on lack of activity?
I am in Queensland part of small body Corporate as secretary.
There are only 6 units in the group and we have 4 committee members. The issue is when there is a decision to be made or account approval and the Body Corporate manager sends emails for approval, only two ever respond which is not enough.
Can we refuse members from holding committee positions in future based on lack of activity, as it is extremely frustrating?
Answer: Unfortunately not.
Unfortunately not – owners have the rights to appoint themselves on the committee.
But if the committee holds physical meetings and an attendee does not attend twice in a row without the committee’s approval, the committee member is removed from their position.
This post appears in Strata News #249.
Question: What is the lawful status of the chairman holding multiple positions on the executive committee? At our Residential community scheme the Chairperson has claimed the roles of both Chair AND Secretary.
At our Residential community scheme, 7 people are on Committee and vote.
The Chairperson has claimed the roles of both Chair AND Secretary.
A different person is the Treasurer. In addition, there are 5 ordinary committee members.
This equates to 7 voters but 8 positions.
What is the lawful status of the chairman holding multiple positions on the executive committee?
Answer: The required number of voting members is based on people, not positions.
This is fine. The module provides:
The one person may hold the positions of chairperson, secretary and treasurer, or any 2 of the positions, in conjunction.
The required number of voting members is based on people, not positions.
This post appears in Strata News #228.
Question: At our recent AGM, our chairman received majority votes (9 votes for all executive positions). Our Body Corporate Managers advised us that it is legal for one person to hold all three positions on executive committee.
I am an ex-treasurer for a body corporate in Queensland. At a recent AGM, both myself & the secretary had nominated ourselves for re-election. However, the chairman received majority votes (9 votes for all executive positions). Our Body Corporate Managers advised us that it is legal for one person to hold all 3 positions on the executive committee.
My understanding is that ordinary committee members can be elected in order of votes received. Can you please advise if this view is still valid in cases of nominations received for these positions, or only valid in case of no nominations received?
The Chairman has been holding all positions on the executive committee for the past few years and makes it difficult for others to participate and resolve issues within the complex.
Any guidance would be greatly appreciated.
Answer: One person can hold all executive positions. If they get the votes, they get the votes.
- One person can hold all executive positions. If they get the votes, they get the votes.
- Ordinary member wise, if there are four or fewer nominations before the close of nominations they are all simply elected. If there are more than four, then it is most votes received on the ballot, and it is basically optional preferential voting. Owners could vote for all candidates or just two. It is up to them. If all owners voted for every candidate the final four spots would be decided a method of chance at the meeting. I have been at them where we have tossed coins and drawn straws to decide who gets in.
And remember the chairperson is only one vote – not three. If there are one executive member and four ordinary members, there are only five votes. And if four are against the chair, then….
This post appears in Strata News #190.
- QLD: Authority levels for body corporate decision making
- QLD: Q&A Body corporate committee voting – should each box be marked / ticked?
- QLD: Q&A Payment to committee members. What approval is required?
- QLD: Committee’s role
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