(ii) the individual or
corporation ceases to be a proprietor; or
(c) upon the receipt by the
body corporate from the person of notice in writing of the person’s
resignation; or
(d) upon the election at a general meeting of the
body corporate of another person to that office or as a member of the
committee; or
(e) where the person is a member referred to in section 42(3)
or (3A) and the number of proprietors increases to more than 3—upon the
election of the chairperson, secretary and treasurer of the body corporate and
the other members of the committee at the annual general meeting, or the
extraordinary general meeting referred to in section 42(5) ; or
(f) if the
person is absent without prior leave granted by the committee from 3
consecutive meetings of the committee of which due notice has been given to
the person; or
(g) if the person becomes bankrupt or compounds with the
person’s creditors or otherwise takes advantage of the laws in force for the
time being relating to bankruptcy; or
(h) if the person is convicted in
Queensland of an indictable offence or, elsewhere than in Queensland, is
convicted of an offence which would be an indictable offence if committed in
Queensland; or
(i) if the person dies; or
(j) if the body corporate in
general meeting pursuant to a resolution, determines that the person’s
office is vacated.
(2) However, if a person elected as secretary or treasurer
of the body corporate is not a member of the committee under section 42(6A) ,
the person’s office cannot be vacated under subsection (1) (b) (i) or (ii) .
(3) Upon the occurrence of a vacancy in the office of chairperson, secretary
or treasurer of the body corporate or another member of a committee, otherwise
than by reason of subsection (1) (d) or (e) , the body corporate shall appoint
a person eligible for election as such at the time of the appointment to fill
the vacancy, and a person so appointed shall, subject to this section, hold
office for the balance of the person’s predecessor’s term of office.
(4)
If the membership of the committee is one-half or less than one-half of the
number determined by the body corporate pursuant to section 42(4) to be
members of the committee, the members for the time being of the committee
shall, notwithstanding section 45(1) , constitute a quorum at a meeting of
the committee for the purpose only of appointing a person to fill a vacancy in
the office of chairperson, secretary or treasurer of the body corporate or
another member of the committee or of convening a meeting of the
body corporate for that purpose.
(i) do not appoint a
person to fill the vacancy or vacancies in that office or those offices; and
(ii) have not convened a meeting of the body corporate for that purpose;
the
referee may, pursuant to an application made to the referee by a proprietor or
mortgagee of a lot, appoint by order a person nominated by the proprietor or
mortgagee, who has consented to that nomination, to convene and hold a meeting
of the body corporate within such time as may be specified in the order for
the purpose of appointing a person or persons to fill the vacancy or vacancies
in that office or those offices and a meeting so convened shall be held within
that time.
(6) An order under subsection (5) may include such ancillary or
consequential provisions as the referee thinks fit.
(7) Notwithstanding
schedule 2 , where an order made under subsection (5) so provides—
(a) the
person appointed to convene and hold a meeting of the body corporate by the
order shall preside at the meeting and, while the person so presides, shall be
deemed to be the chairperson of the body corporate; and
(b) notice of that
meeting may be given in the manner specified in the order.
(8) A meeting
convened and held pursuant to an order of the referee made under subsection
(5) by reason that there is no member of the committee shall, for the purpose
of conducting the election of the chairperson, secretary and treasurer of the
body corporate and the other members of the committee, be deemed to be a first
annual general meeting of the body corporate.
