sec.43Vacation of office of member of committee

### sec.43 Vacation of office of member of committee A person elected as chairperson, secretary or treasurer of the body corporate or as a member of a committee vacates the person’s office— if the person ceases to be an electable person for the body corporate under section 41B (a) (i) or (c)(i), (ii) or (iii); or for a person who is an individual nominee for a proprietor who is an individual or a company nominee of a proprietor that is a corporation, if— the proprietor notifies the body corporate, in writing, that the person’s office, as a member of the committee, is vacated; or the individual or corporation ceases to be a proprietor; or upon the receipt by the body corporate from the person of notice in writing of the person’s resignation; or upon the election at a general meeting of the body corporate of another person to that office or as a member of the committee; or where the person is a member referred to in section 42 (3) or (3A) and the number of proprietors increases to more than 3—upon the election of the chairperson, secretary and treasurer of the body corporate and the other members of the committee at the annual general meeting, or the extraordinary general meeting referred to in section 42 (5) ; or if the person is absent without prior leave granted by the committee from 3 consecutive meetings of the committee of which due notice has been given to the person; or if the person becomes bankrupt or compounds with the person’s creditors or otherwise takes advantage of the laws in force for the time being relating to bankruptcy; or if the person is convicted in Queensland of an indictable offence or, elsewhere than in Queensland, is convicted of an offence which would be an indictable offence if committed in Queensland; or if the person dies; or if the body corporate in general meeting pursuant to a resolution, determines that the person’s office is vacated. However, if a person elected as secretary or treasurer of the body corporate is not a member of the committee under section 42 (6A) , the person’s office cannot be vacated under subsection (1) (b) (i) or (ii) . Upon the occurrence of a vacancy in the office of chairperson, secretary or treasurer of the body corporate or another member of a committee, otherwise than by reason of subsection (1) (d) or (e) , the body corporate shall appoint a person eligible for election as such at the time of the appointment to fill the vacancy, and a person so appointed shall, subject to this section, hold office for the balance of the person’s predecessor’s term of office. If the membership of the committee is one-half or less than one-half of the number determined by the body corporate pursuant to section 42 (4) to be members of the committee, the members for the time being of the committee shall, notwithstanding section 45 (1) , constitute a quorum at a meeting of the committee for the purpose only of appointing a person to fill a vacancy in the office of chairperson, secretary or treasurer of the body corporate or another member of the committee or of convening a meeting of the body corporate for that purpose. However, if— there is no member of the committee; or the members of the committee— do not appoint a person to fill the vacancy or vacancies in that office or those offices; and have not convened a meeting of the body corporate for that purpose; the referee may, pursuant to an application made to the referee by a proprietor or mortgagee of a lot, appoint by order a person nominated by the proprietor or mortgagee, who has consented to that nomination, to convene and hold a meeting of the body corporate within such time as may be specified in the order for the purpose of appointing a person or persons to fill the vacancy or vacancies in that office or those offices and a meeting so convened shall be held within that time. An order under subsection (5) may include such ancillary or consequential provisions as the referee thinks fit. Notwithstanding schedule 2 , where an order made under subsection (5) so provides— the person appointed to convene and hold a meeting of the body corporate by the order shall preside at the meeting and, while the person so presides, shall be deemed to be the chairperson of the body corporate; and notice of that meeting may be given in the manner specified in the order. A meeting convened and held pursuant to an order of the referee made under subsection (5) by reason that there is no member of the committee shall, for the purpose of conducting the election of the chairperson, secretary and treasurer of the body corporate and the other members of the committee, be deemed to be a first annual general meeting of the body corporate. s 43 amd 1988 No. 23 ss 34 , 84 ; 1990 No. 87 s 18 ; 2000 No. 16 s 590 sch 1 pt 2 ; 2022 No. 28 s 13 (sec.43-ssec.1) A person elected as chairperson, secretary or treasurer of the body corporate or as a member of a committee vacates the person’s office— if the person ceases to be an electable person for the body corporate under section 41B (a) (i) or (c)(i), (ii) or (iii); or for a person who is an individual nominee for a proprietor who is an individual or a company nominee of a proprietor that is a corporation, if— the proprietor notifies the body corporate, in writing, that the person’s office, as a member of the committee, is vacated; or the individual or corporation ceases to be a proprietor; or upon the receipt by the body corporate from the person of notice in writing of the person’s resignation; or upon the election at a general meeting of the body corporate of another person to that office or as a member of the committee; or where the person is a member referred to in section 42 (3) or (3A) and the number of proprietors increases to more than 3—upon the election of the chairperson, secretary and treasurer of the body corporate and the other members of the committee at the annual general meeting, or the extraordinary general meeting referred to in section 42 (5) ; or if the person is absent without prior leave granted by the committee from 3 consecutive meetings of the committee of which due notice has been given to the person; or if the person becomes bankrupt or compounds with the person’s creditors or otherwise takes advantage of the laws in force for the time being relating to bankruptcy; or if the person is convicted in Queensland of an indictable offence or, elsewhere than in Queensland, is convicted of an offence which would be an indictable offence if committed in Queensland; or if the person dies; or if the body corporate in general meeting pursuant to a resolution, determines that the person’s office is vacated. (sec.43-ssec.2) However, if a person elected as secretary or treasurer of the body corporate is not a member of the committee under section 42 (6A) , the person’s office cannot be vacated under subsection (1) (b) (i) or (ii) . (sec.43-ssec.3) Upon the occurrence of a vacancy in the office of chairperson, secretary or treasurer of the body corporate or another member of a committee, otherwise than by reason of subsection (1) (d) or (e) , the body corporate shall appoint a person eligible for election as such at the time of the appointment to fill the vacancy, and a person so appointed shall, subject to this section, hold office for the balance of the person’s predecessor’s term of office. (sec.43-ssec.4) If the membership of the committee is one-half or less than one-half of the number determined by the body corporate pursuant to section 42 (4) to be members of the committee, the members for the time being of the committee shall, notwithstanding section 45 (1) , constitute a quorum at a meeting of the committee for the purpose only of appointing a person to fill a vacancy in the office of chairperson, secretary or treasurer of the body corporate or another member of the committee or of convening a meeting of the body corporate for that purpose. (sec.43-ssec.5) However, if— there is no member of the committee; or the members of the committee— do not appoint a person to fill the vacancy or vacancies in that office or those offices; and have not convened a meeting of the body corporate for that purpose; the referee may, pursuant to an application made to the referee by a proprietor or mortgagee of a lot, appoint by order a person nominated by the proprietor or mortgagee, who has consented to that nomination, to convene and hold a meeting of the body corporate within such time as may be specified in the order for the purpose of appointing a person or persons to fill the vacancy or vacancies in that office or those offices and a meeting so convened shall be held within that time. (sec.43-ssec.6) An order under subsection (5) may include such ancillary or consequential provisions as the referee thinks fit. (sec.43-ssec.7) Notwithstanding schedule 2 , where an order made under subsection (5) so provides— the person appointed to convene and hold a meeting of the body corporate by the order shall preside at the meeting and, while the person so presides, shall be deemed to be the chairperson of the body corporate; and notice of that meeting may be given in the manner specified in the order. (sec.43-ssec.8) A meeting convened and held pursuant to an order of the referee made under subsection (5) by reason that there is no member of the committee shall, for the purpose of conducting the election of the chairperson, secretary and treasurer of the body corporate and the other members of the committee, be deemed to be a first annual general meeting of the body corporate. - (a) if the person ceases to be an electable person for the body corporate under section 41B (a) (i) or (c)(i), (ii) or (iii); or - (b) for a person who is an individual nominee for a proprietor who is an individual or a company nominee of a proprietor that is a corporation, if— (i) the proprietor notifies the body corporate, in writing, that the person’s office, as a member of the committee, is vacated; or (ii) the individual or corporation ceases to be a proprietor; or - (i) the proprietor notifies the body corporate, in writing, that the person’s office, as a member of the committee, is vacated; or - (ii) the individual or corporation ceases to be a proprietor; or - (c) upon the receipt by the body corporate from the person of notice in writing of the person’s resignation; or - (d) upon the election at a general meeting of the body corporate of another person to that office or as a member of the committee; or - (e) where the person is a member referred to in section 42 (3) or (3A) and the number of proprietors increases to more than 3—upon the election of the chairperson, secretary and treasurer of the body corporate and the other members of the committee at the annual general meeting, or the extraordinary general meeting referred to in section 42 (5) ; or - (f) if the person is absent without prior leave granted by the committee from 3 consecutive meetings of the committee of which due notice has been given to the person; or - (g) if the person becomes bankrupt or compounds with the person’s creditors or otherwise takes advantage of the laws in force for the time being relating to bankruptcy; or - (h) if the person is convicted in Queensland of an indictable offence or, elsewhere than in Queensland, is convicted of an offence which would be an indictable offence if committed in Queensland; or - (i) if the person dies; or - (j) if the body corporate in general meeting pursuant to a resolution, determines that the person’s office is vacated. - (i) the proprietor notifies the body corporate, in writing, that the person’s office, as a member of the committee, is vacated; or - (ii) the individual or corporation ceases to be a proprietor; or - (a) there is no member of the committee; or - (b) the members of the committee— (i) do not appoint a person to fill the vacancy or vacancies in that office or those offices; and (ii) have not convened a meeting of the body corporate for that purpose; - (i) do not appoint a person to fill the vacancy or vacancies in that office or those offices; and - (ii) have not convened a meeting of the body corporate for that purpose; - (i) do not appoint a person to fill the vacancy or vacancies in that office or those offices; and - (ii) have not convened a meeting of the body corporate for that purpose; - (a) the person appointed to convene and hold a meeting of the body corporate by the order shall preside at the meeting and, while the person so presides, shall be deemed to be the chairperson of the body corporate; and - (b) notice of that meeting may be given in the manner specified in the order.