Ask Premium Strata – Inactive Body Corporate Member

Inactive Body Corporate Member

Could you please advise if a member of our Executive Committee –  ‘Community Title’ – who has not attended any meetings since election but has proxied other members can be removed due to non participation. He also doesn’t answer emails sent out by the committee. Thanks for your help!

Answer: The legislation contemplates substitute members with the consent of the committee:

31   Substitute members of executive committee
(1)  A member of the executive committee of an association may, with the consent of the committee, appoint a person who is eligible for election to, or is a member of, the committee to act in his or her place at a meeting of the committee.
(2)  While acting in the place of a member of the committee, a person appointed under subsection (1) has the functions of the member.
(3)  A person appointed under subsection (1) who is already a member of the committee may vote both as a member and as a substitute member.

So, unless there is something to the contrary in the Community Management Statement, and the executive committee continues to permit the substitution, you cannot reject the member for non-attendance.

However, under Section 32(1) the office of that member may be vacated by special resolution of the association. So if you feel that this member is not adding value as a member you may wish to propose such special resolution.

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Please note that this article is provided for information purposes only and is not a substitute for professional legal advice