Removing a body corporate committee member is a formal process, and the steps depend on the regulation module applying to your scheme. This article explains the general meeting process, the code-of-conduct process and the options for filling the vacancy.
How do you remove a body corporate committee member in Queensland?
Committees are made up of lot owners or eligible representatives. They represent lot owners and make decisions for the body corporate. In many schemes, committee members are chosen each year at the annual general meeting. The applicable regulation module sets out who can be nominated and how committee positions are filled.
The Body Corporate and Community Management Act 1997 and the applicable regulation module provide the framework for removing a committee member. Current Queensland Government guidance covers schemes registered under the Standard, Accommodation, Commercial and Small Schemes Modules. A scheme under the Specified Two-lot Schemes Module does not have a committee.
For a scheme under the Standard Module, a voting committee member’s position becomes vacant if the member is removed by ordinary resolution of the body corporate or for breaching the committee code of conduct. The other modules have their own provisions, so the process is not identical across Queensland.
The two main removal pathways are:
- an ordinary resolution at a general meeting for another reason
- an ordinary resolution following the prescribed code-of-conduct breach process.
If the proposed reason relates to the code of conduct, use the code-of-conduct process rather than treating the matter as an ordinary removal motion.
What is the general meeting process for removing a committee member?
A body corporate can remove a committee member by ordinary resolution at a general meeting. The person submitting the motion does not need to give a reason for the removal. If the submitter gives a reason that refers to a code-of-conduct breach, the prescribed breach process applies instead. The Queensland Government also suggests using a separate general meeting motion for each member being removed.
The motion should clearly identify the committee member and the position from which they are proposed to be removed. The body corporate should also check the agenda, meeting notice and voting requirements that apply to the scheme.
The decision must be made by the body corporate at a general meeting, rather than by the committee. The committee’s role is to act within the authority given by the legislation and the body corporate. For more information about committee meeting procedures, see calling committee meetings.
A removal decision should be approached carefully and reasonably. The body corporate should ensure that owners receive clear information about the motion and that the meeting is conducted fairly. Committee elections and appointments must also be conducted fairly and reasonably in the circumstances of the scheme.
If the motion passes, the committee member’s position becomes vacant. The body corporate may appoint an eligible person to fill the vacancy at the same general meeting, without conducting an election.
The meeting agenda can therefore deal with both the removal and a replacement. It is useful to identify a willing, eligible replacement before the meeting so the committee can continue operating with less disruption.
What happens if the removal is based on a code-of-conduct breach?
Voting committee members must comply with the code of conduct for voting members of the committee. If the proposed removal is based on an alleged breach, the body corporate must follow the prescribed process.
For a scheme under the Standard Module, the process begins with an ordinary resolution deciding to give the committee member a written breach notice. The notice must:
- state the provision of the code of conduct the body corporate believes was breached
- include enough detail to identify the alleged breach
- limit those breach details to 600 words
- explain that the member may give other owners a written response
- allow at least 21 days after the notice is given for that response
- state that the response must not exceed 600 words
- explain that the body corporate will pay reasonable postage and photocopying costs for distributing the response, if requested
- state that the body corporate will consider a motion to remove the member at the next general meeting after the response period ends.
The response period must end before the removal motion is considered. Once the notice has been given and the period has ended, the motion to remove the member must be included on the agenda for the next general meeting. A copy of the breach notice must be attached to the agenda.
The removal motion is the second general meeting decision in this process. The first decision authorises the breach notice. The later meeting considers whether to remove the member for the alleged breach. At that meeting, removal occurs by ordinary resolution.
The notice requirements differ between modules. For example, the Queensland Government guidance refers to section 45 of the Standard Module, section 37 of the Accommodation Module, and section 16 of the Small Schemes and Commercial Modules. Check the regulation module applying to your scheme before preparing the notice.
For a practical overview of the conduct obligations, see committee code of conduct.
How is a committee vacancy filled after removal?
A vacancy created by removal must be filled under the applicable regulation module. Under the Standard Module, the body corporate may appoint an eligible person at the general meeting where the removal resolution is passed. An election is not required for that appointment.
If the vacancy is not filled at that meeting, the committee must act within 1 month after the position becomes vacant. If the committee still has enough members for a quorum, it must either appoint an eligible person or call a general meeting to choose someone. If the committee no longer has a quorum, it must call a general meeting to fill the vacancy.
A quorum is at least half the voting members of the committee. For example, a committee with 6 voting members needs 3 members for a quorum, while a committee with 7 voting members needs 4.
If a general meeting is called to fill the vacancy, the meeting notice must include an explanatory note. The note must explain that an owner who does not owe a body corporate debt may nominate an eligible person, and that nominations may be made orally at the meeting or in writing before the election.
The person elected at that meeting must be eligible under the applicable module. For example, eligibility can depend on whether the person is a lot owner, a family member or nominee of an owner, a representative of a corporation, or a person acting under a power of attorney. Some people, including body corporate managers, service contractors, letting agents and certain associates, are not eligible to be voting committee members.
Before the meeting, consider whether a replacement can be included with the removal business. This is practical meeting-planning advice, not a substitute for checking the nomination and eligibility requirements.
Can a removed committee member nominate again?
The listed eligibility rules focus on whether a person is eligible to be nominated and elected to the committee. They include matters such as ownership, nomination by an eligible owner, body corporate debts and relationships with body corporate managers or service contractors.
The applicable module should be checked before accepting a future nomination. Eligibility can also depend on the type of scheme and the circumstances at the time the committee is chosen. For example, an owner who owes a body corporate debt when the committee is chosen may be ineligible, as may a person nominated by that owner.
The sources applying to this process do not provide a general rule that settles every future nomination after a person has been removed. If this issue is likely to arise, the body corporate should obtain advice about the applicable regulation module and the person’s current eligibility before putting the nomination or election before owners.
What should the body corporate do before seeking removal?
Removal can affect the committee’s ability to make decisions, particularly if the vacancy leaves fewer members than required for a quorum. Before submitting a motion, the body corporate should consider whether the issue can be addressed more constructively through a focused motion, clear committee procedures or discussion with the people involved.
The body corporate should also:
- confirm which regulation module applies to the scheme
- decide whether the proposed removal is for another reason or is based on a code-of-conduct breach
- prepare the motion and meeting material carefully
- avoid describing an issue as a code-of-conduct breach unless the prescribed process will be followed
- check the proposed replacement’s eligibility
- consider whether a separate removal motion is needed for each committee member
- plan how the vacancy will be filled if the motion passes
- keep accurate records of the motions, votes and meeting decisions.
The body corporate must act within the authority of the legislation and make decisions fairly and reasonably. For further information about decision-making, see acting reasonably in committee decision-making.
Removing a committee member requires the correct general meeting resolution, notice process and vacancy arrangements for your regulation module. If you need help checking the process for your scheme, contact our team at reception@stratacare.com.au.
