Fey Knows – Sir Humphrey is correct. The Agenda is correctly worded.
At this stage no one knows who will be the replacement committee member, or if indeed there will be a replacement committee member.
To add to SH’s comments: Did the departed Committee Member hold the position of Chairperson, Secretary, or Treasurer? If so the following Sections apply.
Strata committee to appoint officers
41 Strata committee to appoint officers
(1) The members of a strata committee must, at the first meeting of the strata committee after they assume office as members, appoint a chairperson, secretary and treasurer of the strata committee in accordance with this Act.
(2) The chairperson, secretary and treasurer of the strata committee are also, respectively, the chairperson, secretary and treasurer of the owners corporation.
(3) A person may be appointed to one or more of the offices of chairperson, secretary and treasurer.
(4) Nomination for election as an officer of the owners corporation may be made before or at the meeting at which the election is held.
(5) The regulations may provide for the procedures for nomination of officers of the strata committee.
Vacation of office by officer
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.
If an ordinary committee member’s position becomes vacant the following section applies i.e.[s35]. Note the use of the word ‘may‘ in [s35(2)]. This means that it is not mandatory to fill a vacant position of an ordinary committee member. However, it is mandatory to fill an Office bearer’s position. Note the word ‘is‘ in [s45(2)].
Vacation of office of elected member of strata committee
35 Vacation of office of elected member of strata committee
(1) An elected member of a strata committee vacates office as a member:
(a) if the person was eligible to be a member at the time of election and the person ceases to be so eligible (other than because the person is an unfinancial 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 gives written notice to the owners corporation 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 strata 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, or
(f) if the person dies.
(2) A strata committee may appoint a person eligible for election as a member to fill a vacancy in the office of a member of the strata committee, other than a vacancy arising under subsection (1) (d) or a vacancy in the office of an officer of the owners corporation. Any person so appointed holds office, subject to this section, for the balance of his or her predecessor’s term of office.
Note : Section 45 (2) provides for the filling of vacancies in the office of members who are officers of the owners corporation.
If you are interested in becoming a Committee member and you fulfill the requirements then you can attend the meeting and have someone nominate you to fill the vacant position.