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Topic
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What happens if a member of a strata committee becomes totally and permanently incapacitated during their tenure? Do they remain a committee member in absentia? Are they supposed to be replaced?
If so, how is supposed to occur and through what mechanism eg does their power of attorney have to tender their resignation? And what of the timing of replacement eg it based on when a medical assessment is provided?
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Assuming the person concerned is unable to write the resignation letter themselves, a simple resignation by the person holding power of attorney should suffice. Failing that, a special resolution at a general meeting is an option (but time-consuming).
Once the role is vacated, the committee can elect another eligible person to fill the seat until the next AGM.
It’s all laid out HERE, in Section 35 of the Act.
The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.
In Qld, if you miss two consecutive meetings without writing an apology you are essentially disqualified and can be replaced by a fill-in without notice. My block has done that. The person didn’t show any interest or attend many meetings, or read any emails, including the one telling him as much. Then does his block (‘I wasn’t told’) at the agm meeting (that he had to be told was on). Makes you wonder why folks really bother applying for the role if they don’t intend to give it their best shot, especially as they may be keeping a better candidate off the committee.
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