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Body Corporate and Community Management (Commercial Module) Regulation 2020
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Body Corporate and Community Management (Commercial Module) Regulation 2020
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The term of office of a member of the committee continues until— another person is chosen for the position; or the member’s position becomes vacant under subsection (2) . A member’s position becomes vacant if the member— dies; or becomes ineligible to hold the position; or resigns by written notice given to the chairperson or secretary; or is not present personally, by proxy or by any electronic means authorised by a resolution of the committee, at 2 consecutive meetings of the committee without the committee’s leave; or is convicted, whether or not a conviction is recorded, of an indictable offence; or is removed from office by ordinary resolution of the body corporate; or is removed from office under section 16 . For subsection (2) (b) , without limiting the reasons a member may become ineligible to hold the member’s position, a member is ineligible to hold the member’s position if the member— was a member of the body corporate at the time the member was elected but is no longer a member of the body corporate; or was not a member of the body corporate at the time the member was elected and was nominated for membership by a member of the body corporate who is no longer a member of the body corporate; or was elected as a voting member and is engaged as a body corporate manager. The committee must, even if the number of its members may have fallen below a quorum— appoint a person who is eligible to be a member of the committee to fill a vacancy in the position of an executive or ordinary member of the committee; or call a general meeting of the body corporate to fill the vacancy. (sec.15-ssec.1) The term of office of a member of the committee continues until— another person is chosen for the position; or the member’s position becomes vacant under subsection (2) . (sec.15-ssec.2) A member’s position becomes vacant if the member— dies; or becomes ineligible to hold the position; or resigns by written notice given to the chairperson or secretary; or is not present personally, by proxy or by any electronic means authorised by a resolution of the committee, at 2 consecutive meetings of the committee without the committee’s leave; or is convicted, whether or not a conviction is recorded, of an indictable offence; or is removed from office by ordinary resolution of the body corporate; or is removed from office under section 16 . (sec.15-ssec.3) For subsection (2) (b) , without limiting the reasons a member may become ineligible to hold the member’s position, a member is ineligible to hold the member’s position if the member— was a member of the body corporate at the time the member was elected but is no longer a member of the body corporate; or was not a member of the body corporate at the time the member was elected and was nominated for membership by a member of the body corporate who is no longer a member of the body corporate; or was elected as a voting member and is engaged as a body corporate manager. (sec.15-ssec.4) The committee must, even if the number of its members may have fallen below a quorum— appoint a person who is eligible to be a member of the committee to fill a vacancy in the position of an executive or ordinary member of the committee; or call a general meeting of the body corporate to fill the vacancy.