This article discusses an unopposed chairperson nomination at a body corporate AGM and whether a ballot is required.
Question: I am the only person that has been nominated for the vacant chairperson role by the deadline. Will I automatically be sworn in as Chairperson at our April AGM without any need for a ballot?
Our Chairperson has just resigned from the committee and the next AGM is happening in late April, with regards to a casual vacancy on our committee. Nominations for the chairperson role closed on the 31st of January. I am currently an ordinary member and also have been nominated prior to the 31st of January for the Chairperson role.
As I understand there have been no other nominations for this role and the current Chairperson has now resigned. My understanding is that as I have nominated by the deadline I will automatically be sworn in as Chairperson at our April AGM without any need for a ballot. Am I correct? If not, what is the correct process?
We are under the accommodation Module/Building Format Scheme.
Answer: If the resignation takes place at the AGM, appointments would be based on nominations. If only one person has nominated for the position, and if they are eligible, then they would be elected on that basis.
It’s not quite clear from the question if the Chair has resigned effective immediately or if that will occur effective at the AGM.
If the resignation takes place at the AGM then, as indicated in the question, appointments would be based on nominations. If only one person has nominated for the position, and if they are eligible, then they would be elected on that basis.
If the Chair has resigned with immediate effect a casual vacancy has been created. Once notice of the vacancy has been received, the Committee has one month to fill the position. They can do this by calling a committee meeting or VOC to appoint a suitable person. The act doesn’t specifically say who that person could or should be, but in most cases you may expect it to be someone who is already a member of the committee and is able to step into the vacant position. However, the Body Corporate also has to ensure that the total number of committee members elected at the AGM is maintained through the whole year. So, for example, if there are five people elected at the AGM, this has to be kept at five for the whole year. If a vacancy arises, and an existing committee member steps into the vacant position, then this opens up an Ordinary Member spot, and they still have to find a new person to fill that spot.
Lastly, if the resignation of the committee member means a quorum can no longer be reached or the committee cannot reach agreement within a month a general meeting should be called to appoint a new member.
This post appears in the March 2021 edition of The QLD Strata Magazine.
William Marquand
Tower Body Corporate
E: willmarquand@towerbodycorporate.com.au
P: 07 5609 4924
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