Nomination procedures for second or subsequent annual general meeting
21 Nomination procedures for second or subsequent annual general meeting
This section applies to the nomination of a chairperson, secretary and treasurer of a body corporate, and other committee members, at an annual general meeting of the body corporate other than an annual general meeting mentioned in section 20(1).
However, this section does not apply to a body corporate, to which, because of a resolution of the body corporate under section 41(1) of the modified Act, or a referee’s order under section 41(4) or (4A) of the modified Act—
a provision of schedule 2, part 2 of the modified Act does not apply; or
schedule 4, section 10(f) of the modified Act does not fully apply.
The nomination must comply with the following rules—
1 The secretary must serve a notice on each lessee shown on the body corporate’s roll, inviting the lessee to nominate candidates for the following positions—
chairperson;
secretary;
treasurer;
other member of the committee.
2 The notice must be served at least 14 days before the day on which nominations close.
Note—
See section 127(3) of the modified Act.
3 Nominations close 21 days before the anniversary of the first annual general meeting.
4 A nomination of a person for election as chairperson, secretary, treasurer or other member of a committee must—
state the full name of the person nominated; and
state whether the nominee is—
an individual who is a lessee; or
a company nominee of a corporation that is a lessee; or
an individual who is not a lessee but who is nominated for election; and
state the full name of the person who made the nomination; and
be signed by the nominee and the person who made the nomination.
5 The secretary must not include in a ballot paper the name of a person whose name is included in a nomination that does not comply with rule 4.
6 If, for the position of chairperson, secretary or treasurer—
no person is nominated—the chairperson at the annual general meeting must invite nominations for the relevant position and must conduct an election in the same way as an election under section 20; or
only 1 person is nominated for a position—the chairperson at the annual general meeting must declare the person is elected; or
more than 1 person is nominated for a position—a ballot must be conducted for the position.
7 If, for the position of another member of the committee—
no person is nominated—the chairperson at the annual general meeting must invite nominations for the position and conduct an election in the same way as an election under section 20; or
less than the number of persons required to be elected are nominated—the chairperson at the annual general meeting—
must declare each person who has been nominated is elected; and
must invite nominations for the positions that have not been filled and conduct an election for those positions in the same way as an election under section 20; or
more persons are nominated than are required to be elected—a ballot must be conducted for the position.
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