sec.43-oc.2Vacation of office of member of committee

### sec.43-oc.2 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 his or her office— if, where the person was a lessee at the time of his or her election, he or she ceases to be a lessee; or if, where the person was not a lessee at the time of his or her election or was a company nominee, the individual who nominated the person for election or the corporation for which he or she is a company nominee, as the case may be— ceases to be a lessee; or notifies the body corporate, in writing, that his or her office, as a member of the committee is vacated; and the person is not a secretary or treasurer of the body corporate who is not a member of the committee; or upon the receipt by the body corporate from the person of notice in writing of his or her 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 lessees 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 him or her; or if the person becomes bankrupt or compounds with his or her 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. (amended) 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 because of subsection (1) (d) or (e) , the body corporate shall appoint a person eligible for election as such to fill the vacancy, and a person so appointed shall, subject to this section, hold office for the balance of his or her 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 under section 42 (4) to be members of the committee, the members for the time being of the committee shall, despite 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, on application made to him or her by a lessee or mortgagee of a lease of a lot, appoint by order a person nominated by the lessee 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 (2AA) may include such ancillary or consequential provisions as the referee thinks fit. Despite schedule 2 , where an order made under subsection (2A) 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 under an order of the referee made under subsection (2A) because 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. (amended) (sec.43-oc.2-ssec.1) A person elected as chairperson, secretary or treasurer of the body corporate or as a member of a committee vacates his or her office— if, where the person was a lessee at the time of his or her election, he or she ceases to be a lessee; or if, where the person was not a lessee at the time of his or her election or was a company nominee, the individual who nominated the person for election or the corporation for which he or she is a company nominee, as the case may be— ceases to be a lessee; or notifies the body corporate, in writing, that his or her office, as a member of the committee is vacated; and the person is not a secretary or treasurer of the body corporate who is not a member of the committee; or upon the receipt by the body corporate from the person of notice in writing of his or her 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 lessees 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 him or her; or if the person becomes bankrupt or compounds with his or her 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. (amended) (sec.43-oc.2-ssec.2) 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 because of subsection (1) (d) or (e) , the body corporate shall appoint a person eligible for election as such to fill the vacancy, and a person so appointed shall, subject to this section, hold office for the balance of his or her predecessor’s term of office. (sec.43-oc.2-ssec.2A) If the membership of the committee is one-half or less than one-half of the number determined by the body corporate under section 42 (4) to be members of the committee, the members for the time being of the committee shall, despite 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-oc.2-ssec.2AA) 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, on application made to him or her by a lessee or mortgagee of a lease of a lot, appoint by order a person nominated by the lessee 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-oc.2-ssec.2B) An order under subsection (2AA) may include such ancillary or consequential provisions as the referee thinks fit. (sec.43-oc.2-ssec.2C) Despite schedule 2 , where an order made under subsection (2A) 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-oc.2-ssec.2D) A meeting convened and held under an order of the referee made under subsection (2A) because 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. (amended) - (a) if, where the person was a lessee at the time of his or her election, he or she ceases to be a lessee; or - (b) if, where the person was not a lessee at the time of his or her election or was a company nominee, the individual who nominated the person for election or the corporation for which he or she is a company nominee, as the case may be— (i) ceases to be a lessee; or (ii) notifies the body corporate, in writing, that his or her office, as a member of the committee is vacated; and the person is not a secretary or treasurer of the body corporate who is not a member of the committee; or - (i) ceases to be a lessee; or - (ii) notifies the body corporate, in writing, that his or her office, as a member of the committee is vacated; - (c) upon the receipt by the body corporate from the person of notice in writing of his or her 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 lessees 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 him or her; or - (g) if the person becomes bankrupt or compounds with his or her 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) ceases to be a lessee; or - (ii) notifies the body corporate, in writing, that his or her office, as a member of the committee is vacated; - (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.