Two members in the complex are running the committee, along with the strata manager, without any approval from the rest of the committee or any of the 28 owners in the building. They spent admin money and took money out of the sinking fund to balance the books. They spent on security cameras installed in their own units connected to only their mobiles. We want a fresh start and please need some advice on how to remove them. – Dorothy, QLD

Q: Our budget was in deficit for the past two years. Two members in the complex are running the committee, along with the strata manager, without any approval from the rest of the committee or any of the 28 owners in the building.

They spent admin money and took money out of the sinking fund to balance the books. They spent on security cameras installed in their own units connected to only their mobiles.

These two committee members voted themselves as treasurer and secretary and chairperson. I was voted in for the chairperson last year, due to the fighting and controlling way they operated.

We want a fresh start and please need some advice on how to remove them and how to replace our AUA managers.

 

A: The simplest way to replace the Committee is to nominate appropriate eligible people to fill the positions at the next annual general meeting.

To remove the existing committee members prior to the next annual general meeting, this can be done through an ordinary resolution of the body corporate (i.e. the owners in the building).

Here are some steps to follow before the body corporate can pass a resolution to remove a committee member for a breach of the code of conduct:

• pass an ordinary resolution deciding to give the committee member a breach notice
• give the committee member a breach notice that includes the things stated in:
  – section 34 of the Standard and Accommodation Module
  – section 16 of the Small Schemes and Commercial Module
• 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 the general meeting considering a motion to remove the member from the committee.

As for the unauthorised spending, you will need to lodge a conciliation application which can be accessed by clicking here.

 

If you are interested in committee management, you can download our free guide on committee management by clicking here. We cover topics such as how to choose good committee members and provides a breakdown of what roles each committee member takes on and more.