sec.12When secretary and treasurer are chosen [ SM, s 13 ]

sec.12 When secretary and treasurer are chosen [ SM, s 13 ]

The secretary and treasurer 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. 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 the positions of both secretary and treasurer. If subsection (2) (b) or (d) applies— the committee consists of 2 individuals who are the owners, or the nominees of the owners, of the lots, and they must decide between themselves which of the positions of secretary and treasurer each is to hold and, if they can not agree, each of the positions of secretary and treasurer are jointly held by both of them; or the committee consists of 1 of the 2 individuals mentioned in paragraph (a) , chosen by agreement between the 2 individuals. If there is a vacancy in the position of secretary or treasurer, the choosing of an individual to fill the vacant position may only happen at an extraordinary general meeting of the body corporate. Subsections (3) and (4) do not apply to the scheme if, at an annual general meeting, the body corporate engages under part 5 a body corporate manager to carry out the functions of a committee, secretary and treasurer. (sec.12-ssec.1) The secretary and treasurer 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. (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 the positions of both secretary and treasurer. (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 the lots, and they must decide between themselves which of the positions of secretary and treasurer each is to hold and, if they can not agree, each of the positions of secretary and treasurer are jointly held by both of them; or the committee consists of 1 of the 2 individuals mentioned in paragraph (a) , chosen by agreement between the 2 individuals. (sec.12-ssec.5) If there is a vacancy in the position of secretary or treasurer, the choosing of an individual to fill the vacant position may only happen at an extraordinary general meeting of the body corporate. (sec.12-ssec.6) Subsections (3) and (4) do not apply to the scheme if, at an annual general meeting, the body corporate engages under part 5 a body corporate manager to carry out the functions of a committee, secretary and treasurer.