Question: Is it possible to remove a committee member from a committee? If this is possible, what would the circumstances be?
Answer: If the committee collectively agrees that a member should be removed, they can call a Special General Meeting and propose a motion for removal.
Yes, it is possible to remove a committee member.
Firstly, it’s important to note that committees are appointed at each Annual General Meeting (AGM) and serve only until the next AGM.
Section 103 of the Owners Corporations Act 2006 states:
“The owners corporation may at an annual general meeting or special general meeting resolve to add or remove a committee member or replace or remove a committee.”
The simplest way to “remove” a committee member may be to undertake a vote at the next Annual General Meeting to elect each member onto the committee. An owner or committee member can raise concerns about a committee member. At the next AGM, when the motion to appoint the committee is presented, they can object to reappointing the member in question. Should a majority vote against the member’s re-election be achieved, the member is removed from the incoming committee.
However, if waiting until the next AGM is not practical, there are several other options:
1. Committee-initiated removal via Special General Meeting (SGM)
If the committee collectively agrees that a member should be removed, they can call a Special General Meeting and propose a motion for removal.
If a majority of votes, or a majority of lot entitlement (sect 89 of OC Act), support the motion, the member will be removed.
2. Owner-initiated removal via the committee
If an individual owner has concerns, they should raise the issue with the committee, typically via the owners corporation manager.
The committee may then decide to call a Special General Meeting to put the matter to a vote.
If the committee does not support the owner’s concerns, removal may be more difficult, so it’s important to provide specific examples of the member breaching their obligations.
3. Lot owner petition to call a Special General Meeting
Under section 74(c) of the Owners Corporations Act, a lot owner nominated by owners holding at least 25% of all lot entitlements may convene a Special General Meeting.
If the committee does not act, concerned owners can gather support from others to meet the 25% threshold. Then, they can request that a meeting be called via the committee or the owners corporation manager.
If you’re unsure whether your support reaches the required entitlement, your owners corporation manager can assist.
4. Absence from 25% or more of committee meetings
Under the Owners Corporations Regulations 2018 – Reg 9, If a member of a committee is absent from 25 per cent or more of committee meetings held within any period of 6 months without having given prior notice of, or reasonable explanation for, the member’s absence to the committee, the committee may resolve that, despite section 103(5) of the Act, the member ceases to hold office as a committee member.
Note: If a member ceases to hold office because of a resolution under this regulation, a casual vacancy will occur which may be dealt with in accordance with section 104 of the Act.
Committee member obligations
Committee members must carry out their duties:
- honestly and in good faith
- with due care and diligence
- in the interests of the owners corporation
- without improperly using their position for personal or external advantage
- while declaring any conflicts of interest
A breach of any of these responsibilities may justify removal. However, personal disputes or interpersonal conflicts are unlikely to be sufficient grounds for removal. Remember, an OC is a democratic body, and decisions should serve the collective interests of all owners.
Other Considerations
- Financial status: A committee member’s lot must be financial, meaning they must have no outstanding debts to the owners corporation. Members who enter arrears during their term are suspended until payment.
- Chairperson status: The chairperson is elected by a majority of the committee and can also be removed by majority vote. Losing chairperson status does not affect a member’s position on the committee.
The Knight
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