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Body Corporate and Community Management (Standard Module) Regulation 2020
sec.44Term of office— Act , s 99
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### sec.44 Term of office— Act , s 99
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) ; or
the member’s term of office ends under subsection (4) .
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 45 .
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
is engaged as a body corporate manager or service contractor, or authorised as a letting agent.
The term of office of a member of a committee for the body corporate ends if the body corporate engages a body corporate manager under part 5 .
To remove any doubt, it is declared that subsections (1) to (3) do not apply to a non-voting member of the committee.
(sec.44-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) ; or the member’s term of office ends under subsection (4) .
(sec.44-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 45 .
(sec.44-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 is engaged as a body corporate manager or service contractor, or authorised as a letting agent.
(sec.44-ssec.4) The term of office of a member of a committee for the body corporate ends if the body corporate engages a body corporate manager under part 5 .
(sec.44-ssec.5) To remove any doubt, it is declared that subsections (1) to (3) do not apply to a non-voting member of the committee.
- (a) another person is chosen for the position; or
- (b) the member’s position becomes vacant under subsection (2) ; or
- (c) the member’s term of office ends under subsection (4) .
- (a) dies; or
- (b) becomes ineligible to hold the position; or
- (c) resigns by written notice given to the chairperson or secretary; or
- (d) 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
- (e) is convicted, whether or not a conviction is recorded, of an indictable offence; or
- (f) is removed from office by ordinary resolution of the body corporate; or
- (g) is removed from office under section 45 .
- (a) 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
- (b) 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
- (c) is engaged as a body corporate manager or service contractor, or authorised as a letting agent.