When and how often can the body corporate elect a member into the committee? – Doug, QLD

At our recent AGM, two members nominated for a vacant position on the Body Corporate of our Building. One of the candidates is the current Secretary. The Secretary won the election and now concurrently holds the positions of Sec/Treasurer. Is this legal and acceptable under our by-laws? Since there are now only 4 members on our normally 5 member Body Corporate should a further election take place asap and how should this be done?

– Doug, QLD

Bodies corporate must choose a committee at each annual general meeting. Once the committee has been elected, the body corporate must ensure the same number of members remain for the rest of the year. The body corporate cannot increase or decrease the number of people on the committee until the next annual general meeting.

If a committee member leaves their position for any reason (called a casual vacancy) the vacant position may be filled by the committee or at an extraordinary general meeting. If all positions on the committee are not filled at the annual general meeting, the body corporate may need to hold an extraordinary general meeting to fill the remaining positions.

You can find more information here.