South Australian Current Acts

COMMUNITY TITLES ACT 1996 - SECT 76

76—Presiding officer, treasurer and secretary

        (1)         A community corporation must, by ordinary resolution, appoint a presiding officer, treasurer and secretary.

        (2)         Subject to this section, the offices of presiding officer, treasurer and secretary must be held by natural persons who are members of the corporation.

        (3)         In the case of a community scheme—

            (a)         comprising ten community lots or less—two or all of those offices may be held by one person;

            (b)         comprising eleven or more community lots—two of those offices may be held by one person.

        (4)         A person for the time being appointed by a body corporate that is a member of a corporation to attend and vote at meetings of the corporation is a member of the corporation for the purposes of subsection (2).

        (5)         If the community parcel is subject to a leaseback arrangement the corporation may appoint a person, or persons (who need not be a member, or members, of the corporation), nominated by the lessee to hold one, two or all of the offices of presiding officer, treasurer and secretary.

        (6)         The presiding officer, treasurer and secretary must be appointed for a term that expires at or before the next annual general meeting of the corporation.

        (7)         The office of a person appointed under this section becomes vacant if he or she—

            (a)         dies; or

            (b)         completes his or her term of office and is not reappointed; or

            (c)         in the case of a person who was a member of the corporation when he or she was appointed to the office—ceases to be a member of the corporation; or

            (d)         in the case of a person appointed by a body corporate that is a member of the corporation to attend and vote at meetings—ceases to hold that appointment; or

            (e)         resigns by written notice to the secretary or, in the case of the secretary, to the presiding officer; or

            (f)         becomes bankrupt or applies to take the benefit of a law for the relief of insolvent debtors; or

            (g)         is convicted of an indictable offence or sentenced to imprisonment for an offence; or

            (h)         is removed from office by special resolution of the corporation.

        (8)         A resolution referred to in subsection (7)(h) can only be passed on one or more of the following grounds—

            (a)         misconduct;

            (b)         neglect of duty;

            (c)         incapacity or failure to carry out satisfactorily the duties of the office.

        (9)         A community corporation may appoint or engage a person to assist the presiding officer, treasurer or secretary.