Note that clause 4 (1) of Schedule 3 of the Strata Schemes Management Act 1996 states when a executive committee members can be removed from office.
(1) A person elected as a member of an executive committee vacates office as a member:
(a) if the person was an owner at the time of election and the person ceases to be an owner, or
(b) if the person was not an owner at the time of election or was a company nominee and the individual who nominated the person for election or the corporation for which the person is a company nominee ceases to be an owner or notifies the owners corporation in writing that the person’s office is vacated, or
(c) on the receipt by the owners corporation from the person of notice in writing of the person’s resignation as a member, or
(d) at the end of the next meeting at which a new executive committee is elected by the owners corporation, or
(e) if the owners corporation, in accordance with a special resolution, determines that the person’s office as a member is vacated.
In this case, while the member is still a lot owner eligible for office and is not willing to resign, the only option available is termination. The owners corporation can pass a special resolution at a general meeting requiring than an executive committee member vacate his or her position.
Kind regards
Simone Balsara