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[Waratah]

A number of Strata Committee members are concerned about the behaviour of an office bearer and want to remove that person from the position.

Part 3 Division 4 Section 45 of the Strata Schemes Management Act 2016 sets out the circumstances under which an office is vacated:

Part 3 Division 4 Section 45

45 Vacation of office by officer

(1)  An officer of an owners corporation vacates office as an officer:

(a) if the person ceases to be a member of the strata committee, or

(b) on the receipt by the owners corporation from the person of written notice of the person’s resignation as an officer, or

(c) if another person is appointed by the strata committee to hold that office, or

(d) if the owners corporation, by special resolution, declares that the person’s office is vacated, or

(e) if the person dies.

(2)  A strata committee is to appoint a person who is a member of the strata committee, or who is eligible to be a member of the strata committee, to fill a vacancy in the office of an officer of an owners corporation, other than a vacancy referred to in section 35 (1) (d). Any person so appointed holds office, subject to this section, for the balance of his or her predecessor’s term of office.

Looking at this, it seems like the Committee could simply vote to have another member be appointed to the office position?

Might a motion on the agenda circulated to all owners 3 days prior to the committee need to look something like this – “Move that Josie Bloggs be nominated as Secretary” (rather than, say Agenda Item 2. Election of office bearer)?

Schedule 2 of the Act seems to suggest that owners who are not on the Committee do not need to be made aware of motions?

(2) Voting in writing

A motion proposed to be put to a meeting is taken to have been validly passed even if the meeting was not held if:

(a) notice was given of the meeting in accordance with this Schedule, and

(b) a copy of the motion was given to each member of the strata committee, and

(c) the motion was approved in writing by a majority of the members of the committee (other than the tenant member).

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