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The chair of our executive committee is selling and therefore will no longer be on the executive committee. Can we nominate another owner to join the committee without waiting for the AGM?
Canberra class b units
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Can we nominate another owner to join the committee without waiting for the AGM?
Section 39 (6) of the ACT Unit Titles Act says this:
The executive committee of an owners corporation may appoint a qualified person to fill a casual vacancy on the committee until the next annual general meeting.
A qualified person, for a units plan, means:
a person (other than the manager or associate of the manager) who is—
(a) the owner of a unit in the units plan; or
(b) if the unit is owned by a company or 2 or more part-owners—a representative for the company or the part-owners, as the case requires.The election of the replacement member would be done by a simple show of hands at a committee meeting, with each member having one vote.
The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.
The remaining members of the EC can appoint another OC member to fill the casual vacancy. Since you will no longer have a chair, the EC will also need to elect one member of the EC to be the new chair.
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