sec.41Constitution of executive committee

### sec.41 Constitution of executive committee After the first annual general meeting of the principal body corporate, there shall be an executive committee consisting of a chairperson, secretary and treasurer and such other members as may be elected or appointed pursuant to this section. The chairperson, secretary and treasurer of the principal body corporate shall be members of, and be also respectively the chairperson, secretary and treasurer of, the executive committee. However, a person may be elected to 1 or more of those offices. Where there are not more than 5 members of the principal body corporate, the executive committee shall consist of each member (if any) who is an individual or the member’s nominee, together with the nominee of each member (if any) which is a body corporate. Where there is 1 member only of the principal body corporate, the member may make any decision that a duly convened executive committee may make under this Act and such decision shall be deemed to be a decision of the executive committee. If there are more than 5 members of the principal body corporate, the executive committee must consist of at least 5 persons and not more than the number of members of the principal body corporate, as decided by the principal body corporate. The members of an executive committee referred to in subsection (4) and the chairperson, secretary and treasurer shall be elected at each annual general meeting of the principal body corporate or, if the number of members of the principal body corporate increases to more than 5, at an extraordinary general meeting convened for the purpose. The election of the chairperson, secretary, treasurer and any other members of the executive committee at a general meeting of the principal body corporate must be conducted under schedule 3 . A person is eligible for election as chairperson, secretary or treasurer, or as another member of the executive committee, only if the person— is an individual who is— a member of the principal body corporate; or a nominee of a member of the principal body corporate; and does not owe a relevant body corporate debt in relation to a lot or lots owned by the person. Notwithstanding the provisions of this section, the principal body corporate may determine that the holder of the office of secretary or treasurer of the principal body corporate shall not be a member of the executive committee whereupon, upon election to that office a person shall be the secretary or, as the case may be, treasurer of the principal body corporate and of the executive committee but shall not be 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 principal body corporate or nominee of a body corporate which is a member of the principal body corporate to act in the member’s place as a member of the executive committee at any meeting of the executive committee and any member or nominee so appointed shall, when the member or nominee is so acting, be deemed to be a member of the executive committee. A member of the principal body corporate or a nominee of a body corporate may be appointed under subsection (7) whether or not the member is a member of the executive committee. If a person appointed under subsection (7) is a member of the executive committee the person may, at any meeting of the executive committee, separately vote in the person’s capacity as such a member and on behalf of the member in whose place the person has been appointed to act. Notwithstanding any other provision of this section, the executive committee may be constituted before the first annual general meeting of the principal body corporate. The members of the executive committee constituted under subsection (10) (if any) and the chairperson, secretary and treasurer of the principal body corporate shall be elected at a general meeting of the principal body corporate and the provisions of subsection (6) and such of the provisions of schedule 2 , part 1 of the Building Units and Group Titles Act 1980 in force at the commencement of this Act as applied by section 27 and as relate to the election of the chairperson, secretary and treasurer of the principal body corporate and of members of the executive committee apply to and in respect of the election of the chairperson, secretary and treasurer and of those members of the executive committee to be so constituted. Schedule 2 , part 2 of the Building Units and Group Titles Act 1980 other than clause 16(1) as applied by section 27 does not apply to or in respect of the election of the chairperson, secretary and treasurer of the principal body corporate and the members of the executive committee to be constituted under subsection (10) . The provisions of this part (other than subsections (1) , (2) , (3) and (5) ) apply to and in respect of an executive committee constituted under subsection (1) and the members thereof. Where there is no executive committee of the principal body corporate, the principal body corporate shall exercise and perform the powers, authorities, duties and functions of the executive committee. s 41 amd 1987 s 15; 2009 No. 26 s 80 (sec.41-ssec.1) After the first annual general meeting of the principal body corporate, there shall be an executive committee consisting of a chairperson, secretary and treasurer and such other members as may be elected or appointed pursuant to this section. (sec.41-ssec.2) The chairperson, secretary and treasurer of the principal body corporate shall be members of, and be also respectively the chairperson, secretary and treasurer of, the executive committee. (sec.41-ssec.2A) However, a person may be elected to 1 or more of those offices. (sec.41-ssec.3) Where there are not more than 5 members of the principal body corporate, the executive committee shall consist of each member (if any) who is an individual or the member’s nominee, together with the nominee of each member (if any) which is a body corporate. (sec.41-ssec.3A) Where there is 1 member only of the principal body corporate, the member may make any decision that a duly convened executive committee may make under this Act and such decision shall be deemed to be a decision of the executive committee. (sec.41-ssec.4) If there are more than 5 members of the principal body corporate, the executive committee must consist of at least 5 persons and not more than the number of members of the principal body corporate, as decided by the principal body corporate. (sec.41-ssec.5) The members of an executive committee referred to in subsection (4) and the chairperson, secretary and treasurer shall be elected at each annual general meeting of the principal body corporate or, if the number of members of the principal body corporate increases to more than 5, at an extraordinary general meeting convened for the purpose. (sec.41-ssec.5A) The election of the chairperson, secretary, treasurer and any other members of the executive committee at a general meeting of the principal body corporate must be conducted under schedule 3 . (sec.41-ssec.6) A person is eligible for election as chairperson, secretary or treasurer, or as another member of the executive committee, only if the person— is an individual who is— a member of the principal body corporate; or a nominee of a member of the principal body corporate; and does not owe a relevant body corporate debt in relation to a lot or lots owned by the person. (sec.41-ssec.6A) Notwithstanding the provisions of this section, the principal body corporate may determine that the holder of the office of secretary or treasurer of the principal body corporate shall not be a member of the executive committee whereupon, upon election to that office a person shall be the secretary or, as the case may be, treasurer of the principal body corporate and of the executive committee but shall not be a member of the executive committee. (sec.41-ssec.7) A member of the executive committee may, with the consent of the executive committee, appoint a member of the principal body corporate or nominee of a body corporate which is a member of the principal body corporate to act in the member’s place as a member of the executive committee at any meeting of the executive committee and any member or nominee so appointed shall, when the member or nominee is so acting, be deemed to be a member of the executive committee. (sec.41-ssec.8) A member of the principal body corporate or a nominee of a body corporate may be appointed under subsection (7) whether or not the member is a member of the executive committee. (sec.41-ssec.9) If a person appointed under subsection (7) is a member of the executive committee the person may, at any meeting of the executive committee, separately vote in the person’s capacity as such a member and on behalf of the member in whose place the person has been appointed to act. (sec.41-ssec.10) Notwithstanding any other provision of this section, the executive committee may be constituted before the first annual general meeting of the principal body corporate. (sec.41-ssec.11) The members of the executive committee constituted under subsection (10) (if any) and the chairperson, secretary and treasurer of the principal body corporate shall be elected at a general meeting of the principal body corporate and the provisions of subsection (6) and such of the provisions of schedule 2 , part 1 of the Building Units and Group Titles Act 1980 in force at the commencement of this Act as applied by section 27 and as relate to the election of the chairperson, secretary and treasurer of the principal body corporate and of members of the executive committee apply to and in respect of the election of the chairperson, secretary and treasurer and of those members of the executive committee to be so constituted. (sec.41-ssec.12) Schedule 2 , part 2 of the Building Units and Group Titles Act 1980 other than clause 16(1) as applied by section 27 does not apply to or in respect of the election of the chairperson, secretary and treasurer of the principal body corporate and the members of the executive committee to be constituted under subsection (10) . (sec.41-ssec.13) The provisions of this part (other than subsections (1) , (2) , (3) and (5) ) apply to and in respect of an executive committee constituted under subsection (1) and the members thereof. (sec.41-ssec.14) Where there is no executive committee of the principal body corporate, the principal body corporate shall exercise and perform the powers, authorities, duties and functions of the executive committee. - (a) is an individual who is— (i) a member of the principal body corporate; or (ii) a nominee of a member of the principal body corporate; and - (i) a member of the principal body corporate; or - (ii) a nominee of a member of the principal body corporate; and - (b) does not owe a relevant body corporate debt in relation to a lot or lots owned by the person. - (i) a member of the principal body corporate; or - (ii) a nominee of a member of the principal body corporate; and