INVITATION TO NOMINATE FOR COMMITTEE ELECTION AND TO SUBMIT MOTIONS
1. Nominations for the committee
The Annual General Meeting for your scheme is required to be held within three (3) months after the end of the scheme’s financial year.
At each AGM, a new committee is elected for the forthcoming year. The legislation requires that the body corporate secretary serve Notice on each owner setting out your right to nominate for election to the committee and inviting such nominations.
Pursuant to the legislation, the following persons are eligible to be a voting member of the committee:
A person is eligible to be a voting member of the committee if the person is an individual nominated for membership of the committee by a member of the body corporate (the nominating entity) and is--
(a) A member of the body corporate; or
(i) If the nominating entity is an individual--
(A) A member of the individual’s family; or
(B) A person acting under the authority of a power of attorney given by the individual;
(ii) If the nominating entity is a corporation—a director, secretary or other nominee of the corporation;
family, of a nominating entity who is an individual, means the following persons--
(a) The individual’s spouse;
(b) Each of the children of the individual or the individual’s spouse who is 18 years or more, including a step child or an adopted child;
(c) Each of the individual’s parents, including a step parent;
(d) A brother or sister of the individual.
To be eligible to be a member of the committee, the person nominating or being nominated must satisfy the requirements outlined in the section above concerning Eligibility to be a voting member. In particular, a person, who is otherwise eligible, is ineligible to be a voting member of the committee if the person owes a body corporate debt at the time voting members are chosen. Similarly, a nomination by, or the nomination of, a person who owes a body corporate debt when the nomination is received by the Secretary, is taken not to comply with the regulation.
The committee must consist of seven (7) persons. If there are more nominations received than positions available, or multiple nominations for executive positions, an election for those positions will be held at the meeting.
Alternatively -
However, if nominations are not received for all committee positions prior to the meeting then nominations will be called from the floor of the meeting for those remaining positions only, and it may be necessary to hold an election for that position / those positions only at the meeting.
If you wish to nominate yourself or another for election to the committee, please complete the enclosed Committee nomination form correctly and return the form to this office by 31/07/2018. Nominations cannot be accepted after this date.
2. Opportunity to submit motions for inclusion on the Agenda
In addition, the legislation requires that before each AGM owners must be given the opportunity to submit motions for inclusion on the Agenda of this meeting (if they so choose). Also enclosed with this letter is a form headed REQUISITION FOR INCLUSION OF MOTION ON AGENDA FOR BODY CORPORATE ANNUAL GENERAL MEETING. You can use this form to submit a motion or motions to be included on the agenda of the meeting by you. Additional pages or copies of this form can be used if required.
Please note that any motions submitted must be included on the agenda in the form submitted by the owner. Also, the motion or motions must be received by the secretary before the end of the body corporate’s financial year preceding the meeting, being 31/07/2018.
Yours sincerely,
Marc J. Mercier
Mercier Body Corporate Services
For The Body Corporate for Paradise Palms CTS 23869
The Annual General Meeting for your scheme is required to be held within three (3) months after the end of the scheme’s financial year.
At each AGM, a new committee is elected for the forthcoming year. The legislation requires that the body corporate secretary serve Notice on each owner setting out your right to nominate for election to the committee and inviting such nominations.
Pursuant to the legislation, the following persons are eligible to be a voting member of the committee:
A person is eligible to be a voting member of the committee if the person is an individual nominated for membership of the committee by a member of the body corporate (the nominating entity) and is--
(a) A member of the body corporate; or
(i) If the nominating entity is an individual--
(A) A member of the individual’s family; or
(B) A person acting under the authority of a power of attorney given by the individual;
(ii) If the nominating entity is a corporation—a director, secretary or other nominee of the corporation;
family, of a nominating entity who is an individual, means the following persons--
(a) The individual’s spouse;
(b) Each of the children of the individual or the individual’s spouse who is 18 years or more, including a step child or an adopted child;
(c) Each of the individual’s parents, including a step parent;
(d) A brother or sister of the individual.
To be eligible to be a member of the committee, the person nominating or being nominated must satisfy the requirements outlined in the section above concerning Eligibility to be a voting member. In particular, a person, who is otherwise eligible, is ineligible to be a voting member of the committee if the person owes a body corporate debt at the time voting members are chosen. Similarly, a nomination by, or the nomination of, a person who owes a body corporate debt when the nomination is received by the Secretary, is taken not to comply with the regulation.
The committee must consist of seven (7) persons. If there are more nominations received than positions available, or multiple nominations for executive positions, an election for those positions will be held at the meeting.
Alternatively -
- If there are not multiple nominations for some or all committee positions (e.g. two nominations for one executive position), and
- all other requirements for nominations are satisfied (please refer to legislative sections dealing with Lot owner’s right of nomination and Requirements for Nominations in the applicable regulation module for your scheme),
However, if nominations are not received for all committee positions prior to the meeting then nominations will be called from the floor of the meeting for those remaining positions only, and it may be necessary to hold an election for that position / those positions only at the meeting.
If you wish to nominate yourself or another for election to the committee, please complete the enclosed Committee nomination form correctly and return the form to this office by 31/07/2018. Nominations cannot be accepted after this date.
2. Opportunity to submit motions for inclusion on the Agenda
In addition, the legislation requires that before each AGM owners must be given the opportunity to submit motions for inclusion on the Agenda of this meeting (if they so choose). Also enclosed with this letter is a form headed REQUISITION FOR INCLUSION OF MOTION ON AGENDA FOR BODY CORPORATE ANNUAL GENERAL MEETING. You can use this form to submit a motion or motions to be included on the agenda of the meeting by you. Additional pages or copies of this form can be used if required.
Please note that any motions submitted must be included on the agenda in the form submitted by the owner. Also, the motion or motions must be received by the secretary before the end of the body corporate’s financial year preceding the meeting, being 31/07/2018.
Yours sincerely,
Marc J. Mercier
Mercier Body Corporate Services
For The Body Corporate for Paradise Palms CTS 23869