This article discusses withdrawing a body corporate committee nomination after submission and when it can be done before the AGM agenda is sent.
Question: Can a committee member nomination be withdrawn once submitted?
Answer: An owner may seek to withdraw their nomination prior to the meeting agenda being finalised and sent to owners.
While the legislation is silent on whether a nomination can be withdrawn once submitted to the secretary, adjudicators in the Commissioner’s Office have held that a nomination may be withdrawn prior to the agenda for the annual general meeting being sent to owners.
An owner may seek to withdraw their nomination prior to the meeting agenda being finalised and sent to owners.
In our opinion, it is also logical that a person can withdraw their nomination at any time before the vote, as otherwise the person would simply resign at the conclusion of the meeting, and the committee would choose a replacement rather than the owners.
This post appears in Strata News #504.
Alanna Hill Mathews Hunt Legal E: alanna.hill@mathewshuntlegal.com.au P: 07 5555 8000