What if we don’t have a chairperson?

Our Chairperson resigned and none of the Trustees want to be the Chairperson of our Body Corporate. Can we operate without a Chairperson?

I have seen instances where the Trustees rotate who will be the Chairperson; I have seen instances where they just don’t have a Chairperson.  

Quote from the STSM Act:

PMR 12(3)

At the commencement of the first meeting of trustees after an annual general meeting at which trustees have been elected and whenever else necessary, the trustees must by majority vote elect a chairperson from among their number.

 

The Act also stipulates Duties of the Chairperson

PMR 18

18. (1) The chairperson of the trustees must preside as chairperson at every general meeting of the body corporate, unless otherwise resolved by members at the meeting. Was PMR 59(1)

 

(2) If there is no chairperson or the chairperson of the trustees is not present within 15 minutes after the time appointed for the meeting, or is unwilling or unable to act as chairperson, the members present must elect a chairperson for such meeting. Was PMR 59(2)

 

(3) A chairperson must— New

(a)      maintain order, regulate the orderly expression of views and guide the members and other participants through the business of the meeting in accordance with the common law of meetings;

(b)      ensure that all motions and amendments proposed are within the scope of the notice and powers of the meeting;

(c)       ensure that the scheme’s rules, the minute books and any other documents relevant to the items of business on the agenda are available at the meeting;

(d)      act fairly, impartially and courteously to all members and others entitled to attend the meeting;

(e)      ensure that all members and other persons entitled to speak are able to express their views without unnecessary disturbance or interruption;

(f)   adjourn the meeting, when it is not able to complete or continue with its business;

(g)     make decisions on points of procedure;

(h)     settle disputes by giving rulings on points of order; and

(i)         surrender the chair to a temporary chairperson elected by the members for any period during which the chairperson wishes to engage in the debate of any item of business.

 

(4) A chairperson at a general meeting must not— New

(a)      from the chair, attempt to influence members’ views on any item of business; or

(b)      disclose in advance of a vote how the chairperson intends to vote on any item of business .

 

 

So it is clear that there should always be a Chairperson