A Paddocks Sectional Title Lifestyle Blog
By Jennifer Paddock
Here at Paddocks we get this question often. It goes something like this:
I would like to know the correct procedure for removing a chairperson and removing him from the trustees. I have valid proof for reasons to remove him for autocratic / dictatorial behaviour, not performing assigned tasks or ensuring that the maintenance and safety of the complex is completed. He has victimized people and is not enforcing rules with regard to the Act. Thank you.
The chairperson of a sectional title scheme can be removed in one of two ways, either:
Removal of the chairperson from the office of chairperson does not automatically remove him/her from the office of trustee. A trustee may be removed from office by ordinary resolution at a general meeting of the body corporate, provided again that the intention to vote upon this removal has been disclosed in the notice calling the meeting.
So in the situation you describe, where you would like to remove the chairperson from the offices of both chairperson and trustee, this would best be done by the body corporate in general meeting taking an ordinary resolution to the effect that the chairperson is removed from both offices. The intention to vote upon the removal of the chairperson from both offices would have to be disclosed in the notice calling the meeting for the removal to be valid.
The general meeting will need to be called by the trustees. You do not mention in your question whether or not you are a trustee. If you are and your co-trustees support you in your initiative – the trustees can call a special general meeting for this purpose. But if the trustees do not support this initiative and you are not a trustee, then you would have to rally the support of owners holding 25% of the quotas in the scheme and request in writing that the trustees call a meeting for this purpose. If the trustees fail to do so within 14 days of the request then the owners concerned will be entitled to call the meeting themselves.
Have you ever had to remove a chairperson? Or have you been removed from this office yourself? Share with us by commenting below.
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