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Is it possible to remove a body corporate committee member before the Annual General Meeting?

The BCCM Act sets out how and when body corporate committee members may be removed.

Committee members are elected for a tenure that extends to the next Annual General Meeting; however, a committee member can be removed by an ordinary resolution at a general meeting, passed by a simple majority. No reason needs to be given for the motion to remove.

A process to remove committee members under the Code of Conduct is also available; however, this is more involved and may take longer than a simple ordinary resolution.

The concept of a motion of ‘no confidence’ in a committee member or a committee has no standing under the BCCM Act and is not an option to remove a committee member.

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