@Ziggy said:
… can the Owners request that this SC member no longer serve on the SC?
Section 238 of the Act (see below) allows NCAT to order that a committee member be removed from the committee or that an office-bearer be removed from office (or both).
The key elements in this would be that you can prove that the miscreant committee member has failed to comply with the Act, the regulations or the by-laws of the strata scheme, or has failed to exercise due care and diligence, or engaged in serious misconduct, while holding the office.
If you gather evidence of that (perhaps including letters from the previous SMs) and can get the support of at least one or two other owners, you could seek mediation at Fair Trading (compulsory) followed by orders. It may be that the person concerned might quit when they see that you are serious. But don’t issue empty threats in the hope that they cave in. Be prepared to go the whole way and have all your ducks lined up before you make the first move.
238 Orders relating to strata committee and officers
(1) The Tribunal may, on its own motion or on application by an interested person, make any of the following orders:
(a) an order removing a person from a strata committee,
(b) an order prohibiting a strata committee from determining a specified matter and requiring the matter to be determined by resolution of the owners corporation,
(c) an order removing one or more of the officers of an owners corporation from office and from the strata committee.
(2) Without limiting the grounds on which the Tribunal may order the removal from office of a person, the Tribunal may remove a person if it is satisfied that the person has:
(a) failed to comply with this Act or the regulations or the by-laws of the strata scheme, or
(b) failed to exercise due care and diligence, or engaged in serious misconduct, while holding the office.