This article discusses how to replace a chairperson who held all executive roles and whether one person can legally hold all three positions.
Question: What happens when a chair who also holds the secretary and treasurer roles sells their lots? Can one person legally hold all three positions?
A lot owner who owned two lots served as chair, secretary, and treasurer. They have now sold both lots, leaving only two ordinary members on the committee. What are the rules for appointing a new chairperson before the AGM, and is it permissible for one person to hold all three positions simultaneously?
Answer: It’s quite common for an owners to fill all three executive positions.
An owner can fill more than one spot on a committee, and it is quite common for an owner to fill all three executive positions.
When a committee member resigns, the remaining committee members have 30 days to appoint people to the vacant positions. You could have a VOC to do this and resolve your issue.
However, it sounds like you are very close to the AGM and waiting to have the new committee confirmed there. If the chair is absent from a meeting or if there is no chair, those present can choose another eligible member to chair the meeting. The committee members attending the meeting could decide this, and you could make a brief note in the minutes confirming the decision.
William Marquand Tower Body Corporate E: willmarquand@towerbodycorporate.com.au P: 07 5609 4924
This post appears in Strata News #764.
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