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Body Corporate and Community Management (Standard Module) Regulation 2020
sec.97Chairing general meetings
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### sec.97 Chairing general meetings
The chairperson must chair all general meetings at which the chairperson is present.
A person elected, with the person’s consent, by the persons present and having the right to vote at a general meeting must chair the meeting if—
the chairperson is absent from the meeting; or
a chairperson has not been chosen; or
there is a vacancy in the office of chairperson.
A body corporate manager exercising the powers of the chairperson under an authorisation given by the body corporate under section 119 of the Act —
may advise and help the chairperson when the chairperson is chairing a meeting under subsection (1) ; but
must not chair the meeting unless the body corporate manager—
is elected under subsection (2) ; or
is the only person forming a quorum at an adjourned meeting.
If a body corporate manager is carrying out the functions of a chairperson under a chapter 3 , part 5 engagement—
subsections (1) to (3) do not apply; and
a person elected, with the person’s consent, by the persons present and having the right to vote at a general meeting must chair the meeting.
(sec.97-ssec.1) The chairperson must chair all general meetings at which the chairperson is present.
(sec.97-ssec.2) A person elected, with the person’s consent, by the persons present and having the right to vote at a general meeting must chair the meeting if— the chairperson is absent from the meeting; or a chairperson has not been chosen; or there is a vacancy in the office of chairperson.
(sec.97-ssec.3) A body corporate manager exercising the powers of the chairperson under an authorisation given by the body corporate under section 119 of the Act — may advise and help the chairperson when the chairperson is chairing a meeting under subsection (1) ; but must not chair the meeting unless the body corporate manager— is elected under subsection (2) ; or is the only person forming a quorum at an adjourned meeting.
(sec.97-ssec.4) If a body corporate manager is carrying out the functions of a chairperson under a chapter 3 , part 5 engagement— subsections (1) to (3) do not apply; and a person elected, with the person’s consent, by the persons present and having the right to vote at a general meeting must chair the meeting.
- (a) the chairperson is absent from the meeting; or
- (b) a chairperson has not been chosen; or
- (c) there is a vacancy in the office of chairperson.
- (a) may advise and help the chairperson when the chairperson is chairing a meeting under subsection (1) ; but
- (b) must not chair the meeting unless the body corporate manager— (i) is elected under subsection (2) ; or (ii) is the only person forming a quorum at an adjourned meeting.
- (i) is elected under subsection (2) ; or
- (ii) is the only person forming a quorum at an adjourned meeting.
- (i) is elected under subsection (2) ; or
- (ii) is the only person forming a quorum at an adjourned meeting.
- (a) subsections (1) to (3) do not apply; and
- (b) a person elected, with the person’s consent, by the persons present and having the right to vote at a general meeting must chair the meeting.