This article discusses the small schemes module committee vacancy process and when an EGM is needed to fill a vacancy.
Question: What is the process of filling a committee vacancy under the small schemes module?
What is the process of filling a committee vacancy under the small schemes module? I would appreciate clarification specifically to the Small schemes module. Given there are only 2 committee positions, can the remaining committee member appoint another eligible person to the committee or MUST an EGM be called to appoint someone to fill the vacancy?
Answer: If the Secretary or Treasurer position becomes vacant during the year, the Body Corporate must hold an extraordinary general meeting to appoint an eligible person to fill the vacancy on the Committee, even if there is a remaining Committee Member.
The Committee for a Body Corporate classified under the Small Schemes Module only consists of two members; a Secretary and Treasurer. These members are elected at each Annual General Meeting unless all the lots in the scheme are owned by the same person or 2 different people.
If the Secretary or Treasurer position becomes vacant during the year, the Body Corporate must hold an extraordinary general meeting to appoint an eligible person to fill the vacancy on the Committee, even if there is a remaining Committee Member.
However, in the event all the lots in the Body Corporate are owned by only 2 people, these owners must come to a mutual agreement about who will hold the Committee positions and if an agreement can’t be reached, they hold the positions jointly.
This post appears in Strata News #587.
Jessica Beckett
SSKB
E: jbeckett@sskb.com.au
P: 07 5504 2000
Can committee executive positions be filled in prospect, before a vacancy is actually triggered by resignation? My understanding is that the wording of Section 48 of the Standard Module can be either narrowly or broadly interpreted; and that the wording does not imply when the committee can actually vote on the positions which must be filled, only that the vacancy triggers either a committee vote on the matter, or a general meeting, if the committee cannot reach quorum, or a majority vote cannot be obtained. That is, provided quorum can be reached, and the motion is worded carefully, and clarifies for example that, the motion to accept the nomination of person x for positions of chairperson and secretary, takes effect after the vacancy has been triggered by the sale of a lot upon settlement, a prospective motion can be put and voted on by the committee. I am interested in this question, as a prospective vote would ensure a smooth transition to a new committee structure, in the event of the expected settlement of a lot.