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I am an owner in a 70 odd villa complex in Queensland. At our last AGM 3 executives and two non-executive members were elected unopposed to the new committee. The B.C. Manager then called for nominations from the floor to fill the remaining two vacant non-executive positions, which were then filled.
My question: If the minimum of three members are elected unopposed to the committee (all executive positions filled) is it necessary to call for nominations from the floor at the AGM to fill the remaining 4 vacancies?
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Yes. The Body Corporate should be given the opportunity to function with a full complement of members.
It may be that the AGM cannot attract sufficient members to fill all of the positions but at least there would have been an attempt made to do so.
In my Body Corp the period of time between calls for Nominations to the committee and between the AGM itself is often 4 months.
New Lot Owners may have joined the membership of the Body Corporate between the time when the nominations were called and from when the AGM was held.
Nominations from the floor of the meeting allows new owners to nominate or be nominated. Existing Lot Owners may have changed their mind and may now want to join the Committee.
The number of committee members a body corporate has for the whole year is determined at each annual general meeting. Throughout the year, the body corporate cannot increase or decrease its numbers on the committee. For example, if 6 people were elected to the committee at the last annual general meeting the body corporate must ensure it keeps 6 members for the whole year.
Therefore, if a position becomes vacant throughout the course of the year then it must be filled.
Yes, they must.
Nominations can be made either prior to the Meeting, or at the Meeting.
Clearly if the positions have all been filled unopposed when nominations were called for prior the actual meeting then there would be no need to call for nominations from the floor. However, if not filled then the nominations must be called for at the meeting.
See the relevant sections below (there may also be other relevant sections that I have not listed). Note the word ‘must‘.
Body Corporate and Community Management (Standard Module) Regulation 2008
When committee is chosen
(1) The choosing of the members of the committee must happen at each annual general meeting of the body corporate.Conduct of ballot—deciding ordinary member positions
(3) If the number of candidates nominated for ordinary member positions, plus the number of executive members of the committee, is not more than the required number of voting members for the committee, the person chairing the meeting, if satisfied the nominations for the ordinary member positions comply with this regulation, must declare the candidates to have been elected as ordinary members.
Examples of nomination requirements—
• section 10 (Eligibility to be a voting member)
• section 17 (Lot owner’s right of nomination)
• section 18 (Requirements for nominations)(4) However, if the number of candidates nominated for ordinary member positions, plus the number of executive members of the committee, is less than the required number of voting members for the committee, the person chairing the meeting must invite nominations at the meeting for the number of ordinary member positions necessary to bring the total number of all committee members to not more than the required number of voting members for the committee.
(6) The person chairing the meeting—
(a) must invite nominations for the position or positions at the meeting; and
(b) must accept nominations that are made in either of the following ways—
(i) by members of the body corporate who are present at the meeting;
(ii) in writing, by members of the body corporate not present at the meeting.Thanks Hotwombat.
I am happy to be corrected.
Sometimes things are not necessary but they can be instead, ‘best practice’.
I have had responses from BCCM along similar lines.
I guess your Lot Owners have to work out what type of body corporate that you would prefer to be in, and what the motivations are for their actions.
Calling for additional nominations is no doubt a courtesy to allow anyone else who may be interested to nominate.
At all body corps and AGMs that I have been involved in it has been standard best practice to call for nominations from the floor for unfilled positions.