sec.185Constitution of executive committee

sec.185 Constitution of executive committee

After the first annual general meeting of a body corporate, there is to be an executive committee consisting of— the chairperson, secretary and treasurer; and any other members elected or appointed under this section. If there is only 1 member of the body corporate— the member may make any decision that a properly convened executive committee is required or authorised to make under this Act; and a decision of the member is taken to be a decision of the executive committee. If there are not more than 3 members of the body corporate, the executive committee consists of— each member who is an individual or the member’s nominee; and the nominee of each member that is a corporation. If there are more than 3 members of the body corporate, the executive committee consists of— the chairperson, secretary and treasurer; and the number of other members (not more than 4) determined by the body corporate. If the number of members of a body corporate is less than the number of members of the executive committee (including the chairperson, secretary and treasurer), the members of the executive committee are to be elected— at each annual general meeting of the body corporate; or if the number of members of the executive committee changes because of a determination under subsection (4) at a time more than 4 months from the anniversary of its first annual general meeting—at an extraordinary general meeting convened for the purpose. A person may be elected to more than 1 of the offices mentioned in subsection (1) (a) . The election of the chairperson, secretary, treasurer and any other members of the executive committee at a general meeting of the body corporate must be conducted under schedule 1 . A person is eligible for election as chairperson, secretary or treasurer, or as another member of the executive committee of the body corporate only if the person is an electable person for the body corporate at the time of the meeting of the body corporate at which the person’s election is proposed. Despite subsections (1) and (4) , the body corporate may determine that the secretary or treasurer is not to be a member of the executive committee. If the body corporate makes a determination under subsection (8) , a person elected as secretary or treasurer holds the office in relation to the body corporate and the executive committee, but is not a member of the executive committee. A member of the executive committee may, with the consent of the executive committee, appoint— a member of the body corporate; or the nominee of a corporation that is a member of the body corporate; to act in the member’s place as a member of the executive committee at any meeting of the executive committee. When the appointed member or nominee is acting in the member’s place, the appointed member or nominee is taken to be a member of the executive committee. The member or nominee may be appointed whether or not the person is already a member of the executive committee. If the person appointed is already a member of the executive committee, the person may, at a meeting of the executive committee, separately vote— in the person’s capacity as a member; and on behalf of the member in whose place the person has been appointed to act. Despite subsections (1) and (5) , the executive committee may be constituted before the first annual general meeting of a body corporate by the election, at an extraordinary general meeting, of— the chairperson, secretary and treasurer; and any other members of the executive committee. The following provisions apply to the election of a person at the extraordinary general meeting— subsections (6) , (8) and (9) ; part 1 of schedule 2 to the Building Units and Group Titles Act 1980 (as applied by section 172 ) that relate to the election of the person. If there is no executive committee of a body corporate, the body corporate is to exercise the powers, and perform the functions, of the executive committee. s 185 amd 2011 No. 27 s 298 ; 2022 No. 28 s 39 (sec.185-ssec.1) After the first annual general meeting of a body corporate, there is to be an executive committee consisting of— the chairperson, secretary and treasurer; and any other members elected or appointed under this section. (sec.185-ssec.2) If there is only 1 member of the body corporate— the member may make any decision that a properly convened executive committee is required or authorised to make under this Act; and a decision of the member is taken to be a decision of the executive committee. (sec.185-ssec.3) If there are not more than 3 members of the body corporate, the executive committee consists of— each member who is an individual or the member’s nominee; and the nominee of each member that is a corporation. (sec.185-ssec.4) If there are more than 3 members of the body corporate, the executive committee consists of— the chairperson, secretary and treasurer; and the number of other members (not more than 4) determined by the body corporate. (sec.185-ssec.5) If the number of members of a body corporate is less than the number of members of the executive committee (including the chairperson, secretary and treasurer), the members of the executive committee are to be elected— at each annual general meeting of the body corporate; or if the number of members of the executive committee changes because of a determination under subsection (4) at a time more than 4 months from the anniversary of its first annual general meeting—at an extraordinary general meeting convened for the purpose. (sec.185-ssec.6) A person may be elected to more than 1 of the offices mentioned in subsection (1) (a) . (sec.185-ssec.7) The election of the chairperson, secretary, treasurer and any other members of the executive committee at a general meeting of the body corporate must be conducted under schedule 1 . (sec.185-ssec.7A) A person is eligible for election as chairperson, secretary or treasurer, or as another member of the executive committee of the body corporate only if the person is an electable person for the body corporate at the time of the meeting of the body corporate at which the person’s election is proposed. (sec.185-ssec.8) Despite subsections (1) and (4) , the body corporate may determine that the secretary or treasurer is not to be a member of the executive committee. (sec.185-ssec.9) If the body corporate makes a determination under subsection (8) , a person elected as secretary or treasurer holds the office in relation to the body corporate and the executive committee, but is not a member of the executive committee. (sec.185-ssec.10) A member of the executive committee may, with the consent of the executive committee, appoint— a member of the body corporate; or the nominee of a corporation that is a member of the body corporate; to act in the member’s place as a member of the executive committee at any meeting of the executive committee. (sec.185-ssec.11) When the appointed member or nominee is acting in the member’s place, the appointed member or nominee is taken to be a member of the executive committee. (sec.185-ssec.12) The member or nominee may be appointed whether or not the person is already a member of the executive committee. (sec.185-ssec.13) If the person appointed is already a member of the executive committee, the person may, at a meeting of the executive committee, separately vote— in the person’s capacity as a member; and on behalf of the member in whose place the person has been appointed to act. (sec.185-ssec.14) Despite subsections (1) and (5) , the executive committee may be constituted before the first annual general meeting of a body corporate by the election, at an extraordinary general meeting, of— the chairperson, secretary and treasurer; and any other members of the executive committee. (sec.185-ssec.15) The following provisions apply to the election of a person at the extraordinary general meeting— subsections (6) , (8) and (9) ; part 1 of schedule 2 to the Building Units and Group Titles Act 1980 (as applied by section 172 ) that relate to the election of the person. (sec.185-ssec.16) If there is no executive committee of a body corporate, the body corporate is to exercise the powers, and perform the functions, of the executive committee.