A lot owner from QLD is wondering about the validity of the Chairman holding all positions on executive committee. Frank Higginson, Hynes Legal provides the following response.
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.
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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 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 executive committee for 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.
Two things
- One person can hold all executive positions. If they get the votes, they get the votes.
- Ordinary member wise, if there are four or less 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 is 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.
Read Next:
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Frank Higginson
E: frank.higginson@hyneslegal.com.au
P: 07 3193 0500
W: http://www.hyneslegal.com.au
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