sec.186Vacation of office of member of executive committee

sec.186 Vacation of office of member of executive committee

A person elected as chairperson, secretary or treasurer, or another member of the executive committee of a body corporate, vacates the office— if the person ceases to be an electable person for the body corporate under section 166C (a) (i) or (c)(i) or (ii); or for a person who is a nominee of a corporation that is a member of the body corporate, if— the corporation notifies the body corporate, in writing, that the person’s office, as a member of the executive committee, is vacated; or the corporation ceases to be a member of the body corporate; or on receipt by the body corporate of the person’s written resignation; or at the next election of the members of the executive committee at an annual general meeting or extraordinary general meeting; or if the person is absent without leave granted by the executive committee from 3 consecutive meetings of the committee of which proper 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 relating to bankruptcy; or if the person is convicted of an indictable offence; or if the person dies or becomes mentally ill; or if the person is removed from office by ordinary resolution of the body corporate under division 8 ; or if the body corporate, by a comprehensive 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 executive committee under section 185 (9) , the person’s office cannot be vacated under subsection (1) (b) (i) or (ii) . If— a vacancy happens in the office of— chairperson, secretary or treasurer; or another member of the executive committee; and the vacancy happens otherwise than because of subsection (1) (d) ; the body corporate must appoint a person eligible for election to fill the vacancy. The person appointed under subsection (3) holds office, subject to this section, for the balance of the predecessor’s term of office. If the number of persons who are members of the executive committee becomes one-half, or less than one-half, of the number of the members of the executive committee, the members for the time being of the executive committee constitute a quorum at a meeting of the executive committee for the purpose only of— appointing a person to fill a vacancy in the office of— chairperson, secretary or treasurer; or another member of the executive committee; or convening a meeting of the body corporate for the purpose mentioned in paragraph (a) . Subsection (5) has effect despite section 188 (1) . For the purposes of subsection (5) , if— there is no member of the executive committee; or the members of the executive committee— do not appoint a person to fill the vacancy; and have not convened a meeting of the body corporate to appoint a person to fill the vacancy; the referee (within the meaning of the Building Units and Group Titles Act 1980 ) may, on the application of a member of the body corporate or a mortgagee of a lot, appoint a person to convene and hold a meeting of the body corporate within a specified time to appoint persons to fill any vacancies. The referee may appoint a person only if— the person is nominated by the applicant; and the person consents to the nomination. In addition to making the appointment, the referee may give any directions relating to the appointment or the meeting that the referee considers appropriate. Without limiting subsection (9) , but despite the provisions of schedule 2 of the Building Units and Group Titles Act 1980 (as applied by section 172 ), the referee may also give the following directions— that the person appointed to convene a meeting of the body corporate must preside at the meeting and, while the person is presiding, the person is taken to be the chairperson of the body corporate; that notice of the meeting may be given in the way specified in the direction. A meeting held under subsections (7) to (10) because there is no member of the executive committee is, for the purpose of the election of— the chairperson, secretary and treasurer; and the other members of the executive committee; taken to be a first annual general meeting of the body corporate. s 186 amd 2011 No. 27 s 300 ; 2022 No. 28 s 41 (sec.186-ssec.1) A person elected as chairperson, secretary or treasurer, or another member of the executive committee of a body corporate, vacates the office— if the person ceases to be an electable person for the body corporate under section 166C (a) (i) or (c)(i) or (ii); or for a person who is a nominee of a corporation that is a member of the body corporate, if— the corporation notifies the body corporate, in writing, that the person’s office, as a member of the executive committee, is vacated; or the corporation ceases to be a member of the body corporate; or on receipt by the body corporate of the person’s written resignation; or at the next election of the members of the executive committee at an annual general meeting or extraordinary general meeting; or if the person is absent without leave granted by the executive committee from 3 consecutive meetings of the committee of which proper 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 relating to bankruptcy; or if the person is convicted of an indictable offence; or if the person dies or becomes mentally ill; or if the person is removed from office by ordinary resolution of the body corporate under division 8 ; or if the body corporate, by a comprehensive resolution, determines that the person’s office is vacated. (sec.186-ssec.2) However, if a person elected as secretary or treasurer of the body corporate is not a member of the executive committee under section 185 (9) , the person’s office cannot be vacated under subsection (1) (b) (i) or (ii) . (sec.186-ssec.3) If— a vacancy happens in the office of— chairperson, secretary or treasurer; or another member of the executive committee; and the vacancy happens otherwise than because of subsection (1) (d) ; the body corporate must appoint a person eligible for election to fill the vacancy. (sec.186-ssec.4) The person appointed under subsection (3) holds office, subject to this section, for the balance of the predecessor’s term of office. (sec.186-ssec.5) If the number of persons who are members of the executive committee becomes one-half, or less than one-half, of the number of the members of the executive committee, the members for the time being of the executive committee constitute a quorum at a meeting of the executive committee for the purpose only of— appointing a person to fill a vacancy in the office of— chairperson, secretary or treasurer; or another member of the executive committee; or convening a meeting of the body corporate for the purpose mentioned in paragraph (a) . (sec.186-ssec.6) Subsection (5) has effect despite section 188 (1) . (sec.186-ssec.7) For the purposes of subsection (5) , if— there is no member of the executive committee; or the members of the executive committee— do not appoint a person to fill the vacancy; and have not convened a meeting of the body corporate to appoint a person to fill the vacancy; the referee (within the meaning of the Building Units and Group Titles Act 1980 ) may, on the application of a member of the body corporate or a mortgagee of a lot, appoint a person to convene and hold a meeting of the body corporate within a specified time to appoint persons to fill any vacancies. (sec.186-ssec.8) The referee may appoint a person only if— the person is nominated by the applicant; and the person consents to the nomination. (sec.186-ssec.9) In addition to making the appointment, the referee may give any directions relating to the appointment or the meeting that the referee considers appropriate. (sec.186-ssec.10) Without limiting subsection (9) , but despite the provisions of schedule 2 of the Building Units and Group Titles Act 1980 (as applied by section 172 ), the referee may also give the following directions— that the person appointed to convene a meeting of the body corporate must preside at the meeting and, while the person is presiding, the person is taken to be the chairperson of the body corporate; that notice of the meeting may be given in the way specified in the direction. (sec.186-ssec.11) A meeting held under subsections (7) to (10) because there is no member of the executive committee is, for the purpose of the election of— the chairperson, secretary and treasurer; and the other members of the executive committee; taken to be a first annual general meeting of the body corporate.