You must elect a body corporate chairperson at each AGM. You may also need to elect body corporate committee members and/or a subsidiary body corporate representative.

Three types of elections are needed

Your body corporate must hold elections at each Annual General Meeting (AGM) for the following positions:

  • Election of a body corporate chairperson. Because the body corporate chairperson’s term in office ends at the close of each AGM (unless they resign or are removed earlier), the body corporate must elect a chairperson by ordinary resolution at every annual general meeting. Even if your body corporate already has a chairperson, the members must elect a new one or re-elect the current one.
  • Election of body corporate committee members. If your body corporate has a committee, the committee members’ terms of office will also end at the close each AGM. As with the body corporate chairperson, even if your body corporate already has committee members, you must elect new ones or re-elect the current ones.

    At the first meeting after the AGM, a body corporate committee chairperson is elected by the body corporate committee members by majority vote.
  • Election of a subsidiary body corporate representative. If your body corporate is a subsidiary body corporate, elections must also be held at the AGM for a subsidiary body corporate representative. The subsidiary body corporate representative’s term in office is the same as the chairperson’s, ending at the close of each AGM. Even if your body corporate already has a subsidiary body corporate representative, you must elect a new one or re-elect the current one.

Running an election process

The chairperson will send all principal unit owners a notice of intention to hold an AGM. This notice requests nominations for any elections that will be held at the AGM. The notice will state when nominations need to be received by.

Once nominations have been received, unit owners receive a notice of AGM, which will list the nominees for any elections to be held at the AGM. The notice of AGM will also include any other relevant information relating to the election.

Anyone not attending the meeting can exercise their vote by post or by proxy.

Who can be elected

Only a principal unit owner can be a chairperson, a member of the body corporate committee or a subsidiary body corporate representative. This means your name must be on the title of the unit – being a spouse, de-facto partner or family member of a unit owner is not enough. Where the unit is jointly owned or owned by a company or trust, any of the joint owners or the directors of the company or trustees of the trust are eligible for election.

The term of office for anyone elected as chairperson, a committee member or subsidiary body corporate representative is until the close of the next AGM (unless they resign or are removed earlier). An eligible person can stand for re-election as many times as they like.

If a chairperson or subsidiary body corporate representative has been removed from office or has resigned, they are not eligible to stand in the election that is being held to replace them.

Resigning and removing mid-term

If the chairperson, a committee member or the subsidiary body corporate representative intends to resign or is removed, a notice of intention to hold an Extraordinary General Meeting (EGM) must be sent to all unit owners, inviting nominations to fill the vacancy.

Resigning mid-term as an elected member

If a chairperson, committee member or subsidiary body corporate representative has an unconditional agreement for the sale and purchase of their unit and, as result of the sale, they will no longer be an owner of a principal unit in the development, they must give notice of their intention to resign from their position.

They could also resign at any time for other reasons by giving notice in writing to the body corporate.

A chairperson’s or subsidiary body corporate representative’s resignation takes effect at the end of the meeting at which the new chairperson is elected.

Because a body corporate is required to have a chairperson (and subsidiary body corporate representative in the case of a subsidiary unit title development), when these positions are vacant, elections to fill them must be held as soon as possible. If a committee member resigns, the body corporate committee only has to call an EGM to elect a new committee member if, as a result of the resignation, the number of committee members is reduced below the number required for quorum at committee meetings.

Removing an elected member

If a meeting is called to remove a chairperson, committee member or subsidiary body corporate representative, that person has the right to appear and be heard at the EGM.

If the motion to remove the chairperson or subsidiary body corporate representative is passed, the body corporate needs to elect a new person to that role at the same meeting.

If the motion to remove a committee member is passed, the body corporate only needs to elect a new person to that role if the number of committee members is reduced below the number required for quorum at committee meetings.

A chairperson or subsidiary body corporate representative who is removed from office is not eligible for re-election at the meeting held to replace them.