sec.42

sec.42 Election of committee member at general meeting [SM, s 50 ]

At a general meeting called under section 40 , the body corporate may elect a person who is eligible to be a member of the committee to fill a vacant executive or ordinary member position. Subject to subsections (3) to (12) , the election must be conducted in the way decided by the body corporate. A way decided by the body corporate must be fair and reasonable in the circumstances of the community titles scheme. The person chairing the general meeting must— invite nominations for all vacant executive or ordinary member positions at the meeting; and accept the following nominations made by owners of lots who do not owe a body corporate debt at the time of the meeting— nominations made orally from the floor of the meeting; written nominations given in a way mentioned in section 210 (2) to the committee member named in the explanatory note accompanying the notice of the meeting and received by the member before the election is conducted at the meeting. The named committee member must give the person chairing the meeting all nominations received before the election is conducted. An owner of a lot may nominate not more than 1 person for election to any of the following positions— a vacant executive member position; all vacant ordinary member positions. Subsection (6) applies even if the member is the owner of more than 1 lot included in the scheme. If 1 co-owner of a lot is an executive or ordinary member of the committee, not more than 1 other co-owner of the lot may be nominated for a vacant ordinary member position if necessary to bring the total number of voting members of the committee to 3. To be entitled to vote in an election for a vacant executive or ordinary member position, an owner of a lot must be present personally at the general meeting. The value of any vote able to be cast for a lot included in the scheme for choosing a member of the committee is the same as the value of the vote able to be cast for each other lot included in the scheme. Subsection (10) applies regardless of whether there are 2 or more owners of 1 or more of the lots. The election of a member under this section takes effect immediately after the close of the meeting at which the member is elected. (sec.42-ssec.1) At a general meeting called under section 40 , the body corporate may elect a person who is eligible to be a member of the committee to fill a vacant executive or ordinary member position. (sec.42-ssec.2) Subject to subsections (3) to (12) , the election must be conducted in the way decided by the body corporate. (sec.42-ssec.3) A way decided by the body corporate must be fair and reasonable in the circumstances of the community titles scheme. (sec.42-ssec.4) The person chairing the general meeting must— invite nominations for all vacant executive or ordinary member positions at the meeting; and accept the following nominations made by owners of lots who do not owe a body corporate debt at the time of the meeting— nominations made orally from the floor of the meeting; written nominations given in a way mentioned in section 210 (2) to the committee member named in the explanatory note accompanying the notice of the meeting and received by the member before the election is conducted at the meeting. (sec.42-ssec.5) The named committee member must give the person chairing the meeting all nominations received before the election is conducted. (sec.42-ssec.6) An owner of a lot may nominate not more than 1 person for election to any of the following positions— a vacant executive member position; all vacant ordinary member positions. (sec.42-ssec.7) Subsection (6) applies even if the member is the owner of more than 1 lot included in the scheme. (sec.42-ssec.8) If 1 co-owner of a lot is an executive or ordinary member of the committee, not more than 1 other co-owner of the lot may be nominated for a vacant ordinary member position if necessary to bring the total number of voting members of the committee to 3. (sec.42-ssec.9) To be entitled to vote in an election for a vacant executive or ordinary member position, an owner of a lot must be present personally at the general meeting. (sec.42-ssec.10) The value of any vote able to be cast for a lot included in the scheme for choosing a member of the committee is the same as the value of the vote able to be cast for each other lot included in the scheme. (sec.42-ssec.11) Subsection (10) applies regardless of whether there are 2 or more owners of 1 or more of the lots. (sec.42-ssec.12) The election of a member under this section takes effect immediately after the close of the meeting at which the member is elected.

• (a) invite nominations for all vacant executive or ordinary member positions at the meeting; and
• (b) accept the following nominations made by owners of lots who do not owe a body corporate debt at the time of the meeting— (i) nominations made orally from the floor of the meeting; (ii) written nominations given in a way mentioned in section 210 (2) to the committee member named in the explanatory note accompanying the notice of the meeting and received by the member before the election is conducted at the meeting.
• (i) nominations made orally from the floor of the meeting;
• (ii) written nominations given in a way mentioned in section 210 (2) to the committee member named in the explanatory note accompanying the notice of the meeting and received by the member before the election is conducted at the meeting.
• (i) nominations made orally from the floor of the meeting;
• (ii) written nominations given in a way mentioned in section 210 (2) to the committee member named in the explanatory note accompanying the notice of the meeting and received by the member before the election is conducted at the meeting.
• (a) a vacant executive member position;
• (b) all vacant ordinary member positions.