WA: The council of owners has asked a councillor to resign — what is the process to remove them if they refuse?

Question: The council of owners has requested a councillor resign. If they do not resign, what is the process to remove them?

Our new council of owners (CoO) issued a notice requesting a councillor resign within 14 days as they say this councillor only wants to advise, not help on the council. If the councillor hasn’t resigned, the CoO will call an EGM and have them removed.

Can the CoO do this without notifying all owners of the strata complex? We have 55 units in total.

Will owners get to vote on removing the councillor at the EGM? Will the existing council resign and be re-elected? We are not sure where everyone stands on this situation.

Answer: If the councillor doesn’t resign, call an EGM and propose a special resolution to remove the council member.

Removing a Council Member?

It is one thing to be elected to a council of owners. The other is managing the different personalities that make up the council.

The council of owners are elected at each Annual General Meeting (AGM), and if not re-elected, will end at the conclusion of the next AGM.

Schedule 1 By-law 4 (8) and (9) detail the circumstances when a member of the council ceases to hold a position.

8. Except if the council consists of all the owners of lots in the scheme, the strata company may by special resolution remove any member of the council before the expiration of the member’s term of office.


9. A member of the council vacates office as a member of the council —
   
   1. if the member dies or ceases to be an owner or co-owner of a lot; or
   
   
   2. on receipt by the strata company of a written notice of the member’s resignation from the office of member; or
   
   
   3. at the conclusion of an annual general meeting of the strata company at which an election of members of the council takes place and at which the member is not elected or re-elected; or
   
   
   4. in a case where the member is a member of the council by reason of there being not more than 3 owners of lots in the scheme, on an election of members of the council (as a result of there being an increase in the number of owners to more than 3) at which the member is not elected; or
   
   
   5. if the member is removed from office under sub-bylaw (8); or
   
   
   6. if the Tribunal orders that the member’s appointment is revoked and the member is removed from office.

If the council of owners fail to receive a voluntary resignation from the council member, an EGM would need to be called and a special resolution proposed to remove the council member.

The EGM notice would be sent to all owners with the items of special business listed.

If there is only one motion to remove one council member, the vote will only be to remove that council member.

A special resolution requires 50% of the vote to be successful, as long as there is not 25% against.

All owners voting would need to be financial for their vote to be valid.

Shane White Strata Title Consult E: shane.white@stratatitleconsult.com.au