Question:
In our block of flats we are taking steps to remove the chairperson from office.

Can we remove the chairperson if a majority of owners present at the meeting vote him out?

Answer:
In terms of the prescribed management rules a chairperson can be removed from office in one of two ways:

1. The trustees can remove the chairperson by majority vote at a trustees' meeting, or;

2. The body corporate can remove the chairperson by majority vote at a special general meeting provided, in both cases, that the notice calling the meeting disclosed the intended removal of the chairperson from his office.

Please note that removing the chairperson from his office as such does not automatically remove him from his position as a trustee of the body corporate. If you want to remove him as a trustee, which probably makes sense in the circumstances, this can only be done by a meeting of owners, and again advance warning of this issue must be given in the notice that convenes that meeting.

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