Australian Capital Territory Current Acts

UNIT TITLES (MANAGEMENT) ACT 2011 - SECT 39

    (1)     This section applies to the executive committee of an owners corporation beginning at the corporation's first annual general meeting.

    (2)     The number of members of the executive committee (the executive members ) is decided as follows:

        (a)     if there are only 1, 2 or 3 members of the owners corporation—each member of the owners corporation is an executive member;

        (b)     if there are 4 or more members of the owners corporation—the members of the corporation must, at a general meeting, decide—

              (i)     by ordinary resolution to have 3 to 7 executive members; or

              (ii)     by special resolution to have 8 or more executive members.

    (3)     If the number of members of the owners corporation is equal to or falls below the number of executive members as decided by the corporation, all the members of the corporation are executive members (even if not nominated or elected).

    (4)     An executive member—

        (a)     must be a qualified person for the units plan; and

        (b)     is elected (if necessary) by ordinary resolution at each annual general meeting; and

        (c)     holds office until the earlier of—

              (i)     the next annual general meeting; and

              (ii)     the executive member ceasing to be a qualified person.

    (5)     An executive member (the removed member ) of an owners corporation may be removed by the ordinary resolution that elects a qualified person to replace the removed member until the next annual general meeting.

    (6)     The executive committee of an owners corporation may appoint a qualified person to fill a casual vacancy on the committee until the next annual general meeting.

    (7)     In this section:

"associate", of a manager, means—

        (a)     a business partner of the manager; or

        (b)     a close friend of the manager; or

        (c)     a family member of the manager.

"manager"—see section 49.

"qualified person", for a units plan, means a person (other than the manager or associate of the manager) who is—

        (a)     the owner of a unit in the units plan; or

        (b)     if the unit is owned by a company or 2 or more part-owners—a representative for the company or the part-owners, as the case requires.

Note     An adult (the principal ) may appoint a person to do anything for the principal that the principal can lawfully do by an attorney (see Powers of Attorney Act 2006

, s 13).