Committee members help manage the scheme and support the community. If a member is disruptive, breaches the committee code of conduct or is no longer eligible, the body corporate must follow the correct process.
The Body Corporate and Community Management Act 1997 and the regulation module applying to your scheme set out how removal works. The process differs depending on whether the reason is a code-of-conduct breach or something else.
How do you remove a committee member from a body corporate?
A body corporate may remove a voting committee member in either of these ways:
- for breaching the committee code of conduct
- by ordinary resolution at a general meeting.
The other committee members cannot simply remove someone informally. The body corporate must follow the process in the applicable regulation module. Queensland schemes may be registered under the Standard, Accommodation, Commercial or Small Schemes modules. Specified Two-lot Schemes do not have a committee.
Before starting, check which regulation module applies to your scheme. You can also read more about the committee code of conduct.
When can a committee member be removed?
A committee member may be removed for breaching the code of conduct, or for another reason through an ordinary resolution at a general meeting.
The code-of-conduct process requires a breach notice before the removal motion is considered. Removal for another reason does not require the person submitting the motion to give a reason. If the stated reason refers to a code-of-conduct breach, however, the breach process applies instead.
A position may also become vacant if the member resigns, becomes ineligible, is absent from 2 consecutive committee meetings without leave, except under the Small Schemes Module, is convicted of an indictable offence or dies. A person may also become ineligible if they are no longer a lot owner or become a body corporate manager, service contractor or letting agent.
What is the committee code of conduct?
The committee code of conduct sets standards for how voting committee members are expected to act. A member who breaches a stated provision may be subject to the formal removal process.
The body corporate should identify the particular conduct involved and keep clear records of relevant correspondence, meeting papers and events. This helps owners understand the issue and gives the committee a proper basis for preparing the motion.
Eligibility exclusions vary by module. Check the applicable module, especially for service contractors and letting agents.
What must a breach notice include?
For a code-of-conduct removal, the body corporate must first pass an ordinary resolution to give the member a written breach notice. The notice must identify the provision allegedly breached, give sufficient details of the breach, explain the member’s right to respond in writing and state that a removal motion will be considered at the next general meeting after the response period ends.
For a Standard Module scheme, the member must be given at least 21 days to respond. The breach details and written response must each be no more than 600 words. If requested, the body corporate must pay the member’s reasonable postage and photocopy expenses for sending the response.
The breach notice must be attached to the agenda for the general meeting considering removal. The motion can then be decided at that meeting by ordinary resolution. Check the equivalent provisions in your own regulation module before issuing the notice.
How does the general meeting vote work?
The motion is decided by ordinary resolution at a general meeting. The body corporate should use a separate motion for each committee member proposed for removal.
If the motion passes, the position becomes vacant. The body corporate may appoint an eligible person to fill the vacancy at the same meeting, without holding an election.
What should you do if the removal process is disputed?
Keep the discussion factual and put important requests and responses in writing. A motion may need to be submitted to the committee or a general meeting as part of the self-resolution process.
If the dispute cannot be resolved, an application for dispute resolution may be available through the Office of the Commissioner for Body Corporate and Community Management. You must generally try to resolve the issue with the other party first and keep evidence of those attempts.
A properly documented process using the correct regulation module can help your body corporate deal with concerns constructively. If you are unsure how to proceed, contact StrataCare at reception@stratacare.com.au.
