Yes. In NSW, an owners corporation can remove one or more strata committee members before the end of their term by passing a general resolution (simple majority) at a general meeting. NCAT can also remove a member for legal non-compliance, lack of due care or serious misconduct.
A NSW strata committee member can be removed before the next AGM. The owners corporation must pass a general resolution at a properly convened general meeting — more than 50% of the votes cast must support the motion (or, if a poll is demanded, votes are calculated by unit entitlement). A member removed this way cannot be appointed or elected to the committee for 12 months from the date of the resolution.
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The owners corporation removes a committee member using a general resolution, also called a simple majority resolution. On the usual one-vote-per-lot basis, the motion passes when more votes are cast in favour than against. A person entitled to vote may demand a poll — if a poll is demanded, the result is calculated using unit entitlements represented by the votes cast.
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No. The motion may be considered at the next annual general meeting, but owners do not have to wait if the issue needs earlier attention. The owners corporation can hold another general meeting (commonly called an EGM) to consider the removal motion. A qualified request may be made by one or more owners whose combined unit entitlements are at least one-quarter of the scheme's total unit entitlement.
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The notice must include the form of every motion to be considered. A removal motion should not be introduced for the first time from the floor of the meeting.
The Act does not create a separate trial before owners can pass the general resolution, but the meeting should still be conducted fairly and in accordance with the agenda and meeting rules. Good practice is to tell the affected member about the proposed motion, provide any supporting explanation with the meeting papers and give them a reasonable opportunity to respond at the meeting. Personal attacks, irrelevant allegations and defamatory statements should be avoided.
The owners corporation's power under section 35 does not require misconduct to be proven before owners can remove a member by general resolution. The motion may arise from loss of confidence, poor communication, repeated non-participation, unresolved conflicts, governance concerns or another reason the voting owners consider sufficient. The meeting process must still comply with the Act, and the motion should not be used for an unlawful, discriminatory or improper purpose.
Yes. Under section 238, NCAT may remove a person from the strata committee or remove one or more office bearers from their office and from the committee. The Tribunal may act on its own motion or on an application by an interested person. Grounds may include failing to comply with the Act, regulations or by-laws, failing to exercise due care and diligence, or engaging in serious misconduct while holding office.
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The person's office as a committee member is vacated when the owners corporation passes the resolution, unless the resolution specifies a lawful later effective time. If the removed person was the chairperson, secretary or treasurer, the committee must also appoint an eligible committee member to fill the vacant office.
A single removal resolution may relate to more than one member or to all committee members. If the proposal is to remove the entire committee, the meeting papers should also include clear motions to determine the new committee size and elect replacement members. Where no committee or office bearers remain and a meeting cannot be convened normally, an owner, mortgagee or covenant chargee may apply to NCAT for an order appointing a person to convene and hold an owners corporation meeting.
No. The chairperson, secretary and treasurer are office bearers chosen from the elected committee. The owners corporation may pass a resolution declaring an office bearer position vacant without necessarily removing the person from the committee. The person may remain an ordinary committee member unless a separate motion also removes them as a member.
Missing meetings does not automatically remove a NSW committee member under section 35. However, repeated absence may contribute to owners losing confidence in the member or may prevent the committee from maintaining a quorum. Owners can consider a general-meeting removal motion if they believe a change is needed.
Being an unfinancial owner can restrict voting rights and can prevent an owner from being elected if the debt existed when the election meeting notice was given and remained unpaid before the meeting. However, becoming unfinancial after election does not by itself automatically vacate the committee position. The owners corporation may still consider a properly notified removal motion at a general meeting.
That, under section 35(1)(e) of the Strata Schemes Management Act 2015, the owners corporation determine that the office of [full name] as a member of the strata committee is vacated with effect from the passing of this resolution.
The wording should be reviewed for the scheme's circumstances. Add separate motions for a replacement election or office-bearer appointment where required.
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