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BODY CORPORATE AND COMMUNITY MANAGEMENT (SMALL SCHEMES MODULE) REGULATION 2020 - REG 12
When secretary and treasurer are chosen [SM, s 13]
12 When secretary and treasurer are chosen [SM, s 13]
(1) The secretary and treasurer must be chosen at each annual general meeting
of the body corporate.
(2) However, subsection (1) does not apply for an
annual general meeting if, on the day the annual general meeting is held,
there are— (a) only 2 lots included in the community titles scheme, and the
2 lots are in identical ownership; or
(b) only 2 lots included in the scheme,
and the 2 lots are in different ownership; or
(c) 3 or more lots included in
the scheme, and all the lots are in identical ownership; or
(d) 3 or more
lots included in the scheme, and there are only 2 different owners for all the
lots.
(3) If subsection (2) (a) or (c) applies, the committee is a committee
of 1 consisting of the individual who is the owner, or the nominee of the
owner, of the lots, and the individual holds the positions of both secretary
and treasurer.
(4) If subsection (2) (b) or (d) applies— (a) the committee
consists of 2 individuals who are the owners, or the nominees of the owners,
of the lots, and they must decide between themselves which of the positions of
secretary and treasurer each is to hold and, if they can not agree, each of
the positions of secretary and treasurer are jointly held by both of them; or
(b) the committee consists of 1 of the 2 individuals mentioned in paragraph
(a) , chosen by agreement between the 2 individuals.
(5) If there is a
vacancy in the position of secretary or treasurer, the choosing of an
individual to fill the vacant position may only happen at an extraordinary
general meeting of the body corporate.
(6) Subsections (3) and (4) do not
apply to the scheme if, at an annual general meeting, the body corporate
engages under part 5 a body corporate manager to carry out the functions of a
committee, secretary and treasurer.
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