Body Corporate and Community Management (Commercial Module) Regulation 2020
sec.12When committee is chosen [ SM, s 13 ]
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sec.12 When committee is chosen [ SM, s 13 ]
The members of the committee must be chosen at each annual general meeting of the body corporate. However, subsection (1) does not apply for an annual general meeting if, on the day the annual general meeting is held, there are— only 2 lots included in the community titles scheme, and the 2 lots are in identical ownership; or only 2 lots included in the scheme, and the 2 lots are in different ownership; or 3 or more lots included in the scheme, and all the lots are in identical ownership; or 3 or more lots included in the scheme, and there are only 2 different owners for all the lots; or 3 or more lots included in the scheme, and there are only 3 different owners for all the lots. If subsection (2) (a) or (c) applies, the committee is a committee of 1 consisting of the individual who is the owner, or the nominee of the owner, of the lots, and the individual holds all the executive positions on the committee. If subsection (2) (b) or (d) applies, the committee consists of 2 individuals who are the owners, or the nominees of the owners, of lots, and they must decide between themselves which of the executive member positions of the committee each is to hold and, if they can not agree, the positions of the executive members are jointly held by both of them. If subsection (2) (e) applies, the committee consists of 3 individuals who are the owners, or the nominees of the owners, of lots, and they must decide between themselves which of the executive member positions of the committee each is to hold and, if they can not agree, the positions of the executive members are jointly held by each of them. A committee mentioned in subsection (3) , (4) or (5) is a minor committee . (sec.12-ssec.1) The members of the committee must be chosen at each annual general meeting of the body corporate. (sec.12-ssec.2) However, subsection (1) does not apply for an annual general meeting if, on the day the annual general meeting is held, there are— only 2 lots included in the community titles scheme, and the 2 lots are in identical ownership; or only 2 lots included in the scheme, and the 2 lots are in different ownership; or 3 or more lots included in the scheme, and all the lots are in identical ownership; or 3 or more lots included in the scheme, and there are only 2 different owners for all the lots; or 3 or more lots included in the scheme, and there are only 3 different owners for all the lots. (sec.12-ssec.3) If subsection (2) (a) or (c) applies, the committee is a committee of 1 consisting of the individual who is the owner, or the nominee of the owner, of the lots, and the individual holds all the executive positions on the committee. (sec.12-ssec.4) If subsection (2) (b) or (d) applies, the committee consists of 2 individuals who are the owners, or the nominees of the owners, of lots, and they must decide between themselves which of the executive member positions of the committee each is to hold and, if they can not agree, the positions of the executive members are jointly held by both of them. (sec.12-ssec.5) If subsection (2) (e) applies, the committee consists of 3 individuals who are the owners, or the nominees of the owners, of lots, and they must decide between themselves which of the executive member positions of the committee each is to hold and, if they can not agree, the positions of the executive members are jointly held by each of them. (sec.12-ssec.6) A committee mentioned in subsection (3) , (4) or (5) is a minor committee .