The body corporate must hold elections at each annual general meeting (AGM). As well as a chairperson, you may need to elect:   

• Body corporate committee members. If your body corporate has a committee, you must elect new members. You can also re-elect the current ones.
• Subsidiary body corporate representative.  In a larger complex, there may be several subsidiary bodies corporate grouped together under a parent body corporate. If you’re in this situation, you must also elect a subsidiary body corporate representative.

Who is eligible?

A candidate for chairperson or a committee member will need to be a unit owner and have no overdue body corporate levies.

Committee members that are not ‘natural persons’ (for example, a company) will be able to nominate a director, employee or class of employee to act on their behalf.

The people you elect will stay in their positions until the end of the next AGM. An eligible person can be re-elected as chair or committee member many times as they like.

Leaving a position mid-term

Any elected person can resign or be removed at any time. If the chair resigns, the body corporate must hold an extraordinary general meeting (EGM). All unit owners will receive notice of this meeting, inviting them to nominate a replacement.

If a committee member resigns, you may not need an election. It is only needed if there are not enough committee members remaining.

If the body corporate wants to remove someone from a position, that person has the right to present their case. This would happen at the EGM. If the chair is removed, you must elect a new one at the same meeting.