Body Corporate and Community Management (Small Schemes Module) Regulation 2020
sec.15Term of office— Act , s 99 [ SM, s 44 ]
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sec.15 Term of office— Act , s 99 [ SM, s 44 ]
The term of office of a person who is the secretary or treasurer continues until— another person is chosen for the position; or the member’s position becomes vacant under subsection (2) ; or the member’s term of office ends under subsection (5) . The position of secretary or treasurer becomes vacant if the person who is the secretary or treasurer— dies; or becomes ineligible to hold the position; or resigns by written notice given to— the other member of the committee; or if the person holds the positions of secretary and treasurer—a member of the body corporate; 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 person may become ineligible to hold the position of secretary or treasurer, a person is ineligible to hold the position of secretary or treasurer if the person— was a member of the body corporate at the time the person 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 person 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 is engaged as a body corporate manager or service contractor. If there is a vacancy in the position of secretary or treasurer, the body corporate must, as soon as practicable after the position becomes vacant, elect a person to the vacant position. The term of office of a member of the committee for the body corporate ends if the body corporate engages a body corporate manager under part 5 . (sec.15-ssec.1) The term of office of a person who is the secretary or treasurer continues until— another person is chosen for the position; or the member’s position becomes vacant under subsection (2) ; or the member’s term of office ends under subsection (5) . (sec.15-ssec.2) The position of secretary or treasurer becomes vacant if the person who is the secretary or treasurer— dies; or becomes ineligible to hold the position; or resigns by written notice given to— the other member of the committee; or if the person holds the positions of secretary and treasurer—a member of the body corporate; 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 person may become ineligible to hold the position of secretary or treasurer, a person is ineligible to hold the position of secretary or treasurer if the person— was a member of the body corporate at the time the person 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 person 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 is engaged as a body corporate manager or service contractor. (sec.15-ssec.4) If there is a vacancy in the position of secretary or treasurer, the body corporate must, as soon as practicable after the position becomes vacant, elect a person to the vacant position. (sec.15-ssec.5) The term of office of a member of the committee for the body corporate ends if the body corporate engages a body corporate manager under part 5 .