Queensland Consolidated Regulations

BODY CORPORATE AND COMMUNITY MANAGEMENT (ACCOMMODATION MODULE) REGULATION 2020 - REG 37

37 Removal from office for breaching code of conduct—Act, s 101B [SM s 45]

(1) For section 101B (3) of the Act , this section prescribes the way a voting member may be removed from office for breaching the code of conduct.

(2) A body corporate may begin the process to remove a member only by deciding, by ordinary resolution, to give the member a written notice stating each of the following matters—

(a) that the body corporate believes the member has breached a stated provision of the code of conduct;

(b) details sufficient to identify the breach in not more than 600 words;

(c) that the member may give any other member of the body corporate, within the stated period of at least 21 days after the member is given the notice, a written response to the notice in not more than 600 words;

(d) that, if asked by the member, the body corporate will pay the member all postage charges and photocopy expenses reasonably incurred by the member in giving a written response under paragraph (c) to any other member of the body corporate;

(e) that the body corporate is to consider a motion to remove the member from office for the breach at the next general meeting of the body corporate called after the period mentioned in paragraph (c) ends.

(3) If asked by the member, the body corporate must pay the member all postage charges and photocopy expenses reasonably incurred by the member in giving a written response under subsection (2) (c) to any other member of the body corporate.

(4) If a notice under subsection (2) is given to the member and the period mentioned in subsection (2) (c) has ended, the body corporate must—

(a) include on the agenda of the next general meeting of the body corporate, called after the period ends, a motion to remove the member from office for breaching the code of conduct; and

(b) attach to the agenda a copy of the notice given to the member.

(5) At the next general meeting mentioned in subsection (4) (a) , the member may be removed from office by ordinary resolution.