6. Can a strata committee member be removed?
Yes, however the way this can occur varies a little from state to state.
In New South Wales
A strata committee member can be terminated by a special resolution (where 75 per cent vote in favour) at a general meeting. The Tribunal may also make an order removing a person from the strata committee if satisfied the person has failed to comply with the Act or failed to exercise due care and diligence, or engaged in serious misconduct while holding office.
A body corporate can remove a voting member from the committee, by way of an ordinary resolution, for a breach of the Code of Conduct of the committee. Before it can pass a resolution to remove a committee member for a breach of the Code of Conduct, the body corporate must:
- Pass an ordinary resolution deciding to give the committee member a breach notice
- Provide a breach notice (which needs to contain specific information as set out in the Regulations that apply to the specific body corporate property)
- Allow the committee member to make a written response to the notice
- Pay the committee members costs of sending out the response, if asked
- Attach the breach notice to the agenda of a general meeting considering a motion to remove the member from the committee.
The above process is time consuming and can cause friction between owners. As an alternative, a body corporate may remove a member from office by ordinary resolution at a general meeting. The person submitting the motion does not need to give the reason for the removal.
Lot owners can add or remove a committee member by ordinary resolution at an annual general meeting or a special general meeting, which requires support from at least 50 per cent of lots or lot entitlements. Members may also be removed by an ordinary resolution of the committee if they are absent from 25 per cent or more of committee meetings within six months, without giving prior notice or a reasonable explanation for their absence.