How do we change a committee or remove a committee member?
Posted 08 November 2024
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If a strata committee member is causing issues in the scheme, it is possible to remove them by electing another committee member to that office.
It is open for that member to be removed and their office determined to be vacated at a general meeting of the owners corporation, where this removal may occur by way of a special
resolution. If this occurs, the person is not eligible for election to the committee for a period of 12 months from the date of the resolution (see section 32 of the SSMA).
Also, it is possible to convene an extraordinary general meeting specifically to appoint a whole new strata committee. At the end of meeting, the former strata committee will then vacate their office, assuming the election is held (which carries the same effect as if an election has taken place at an annual general meeting).
Office bearers can also be removed:
1. By ordinary resolution at the general meeting; or
2. From committee; or
3. By election of new officer bearer by the strata committee.
Qualified request
To ensure that the required general meeting is held as soon as possible to deal with the
removal of the strata committee member(s), it would be useful to put forward a qualified request of the general meeting to the secretary of the owners corporation (or strata manager of the scheme).
A qualified request is made by one or more lot owners having a total unit entitlement of 25% or more of the aggregate unit entitlements and, once provided, requires a general meeting to be convened within 14 days of the request.
If you don’t have the support of more than one-half of the owners but have the support of one-third (calculated on the basis of the total unit entitlements), then you can consider blocking a strata committee from making a decision by providing them a notice signed by those lot owners backing you (see clause 9(3) of Schedule 2 of the SSMA).
What if you are unable to get enough support from other owners?
If you are unable to arrange enough owners to support your position, then the only option remaining is to make an application to the NSW Civil & Administrative Tribunal.
The Tribunal has a range of power (on application by an interested person) to make orders including:
- an order removing a person from a strata committee;
- an order prohibiting a strata committee from determining a specified matter and requiring the matter to be determined by resolution of the owners corporation;
- an order removing one or more of the officers of an owners corporation from office and from the strata committee; and
- appointment of a compulsory strata managing agent who is then vested the decision-making power of the owners corporation and strata committee.
This is an extract from our Strata Committee Manual.
To access more information, please fill in the below form to download our Strata Committee Manual for free.
