What is the correct process to remove an elected trustee?
ELA
EstateIQ Legislative Assistant
Under Management Rule 6(4), Annexure 1 (prescribed under the Sectional Titles Schemes Management Regulations), an elected trustee may be removed from office through a formal process at a general meeting of the body corporate.
The correct process is as follows:
1. Notice of intention — The proposed removal of a trustee must be explicitly stated in the notice convening the general meeting. This ensures that all members are properly informed beforehand. (Management Rule 6(4)(g), Annexure 1)
2. Ordinary resolution — At the meeting, the members may remove the trustee by an ordinary resolution, meaning that a simple majority of votes (more than 50% of votes in value represented at the meeting) is sufficient.
3. Filling the vacancy — Once removed, the vacancy may be filled by either:
- the remaining trustees, or
- the members in general meeting, as allowed under Management Rule 7(5), Annexure 1.
The replacement trustee serves until the next annual general meeting and may be re-elected if properly nominated.
In summary, removal of a trustee requires:
- proper notice of intention to vote on removal;
- adoption of an ordinary resolution at a general meeting; and
- optional appointment of a replacement trustee by the remaining trustees or by members.
ELL
EstateIQ Legal Lookup
Prescribed Management Rules (Annexure 1)
PMR 6(4): A trustee ceases to hold office if that trustee—
6(4)(g): is removed from office by ordinary resolution of a general meeting; provided the intention to vote on the proposed removal was specified in the notice convening the meeting;
PMR 7(5): If a trustee ceases to hold office—
7(5)(a): the remaining trustees; or
7(5)(b): the members in general meeting, may appoint a replacement trustee.