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Hi everyone, thanks much for all that info, very helpful.
Another follow up question: The Act states that “If a member of the EC other than the secretary receives a requisition to convene an extraordinary general meeting of the owners corporation in accordance with this Schedule, the member may serve the notice on behalf of the execuive committee.”
It also states that “The secretary of an executive commitee or, in the secretary’s absence, any member of the ec must convene and extraordinary general meeting….”
Our situation as describec below is that the current secretary will certainly delay any EGM until the next AGM in October, and the SM is hopelessly inept.
We have the required 25% to requisition the meeting, and a clear majority of owners committeed to voting in favour of a number of resolutions to be included in the requisition and the EGM agenda, and a sympathetic member of the EC who is in agreement to call the EGM and support the motions.
- So, can we, under the first clause quoted above, go directly to the sympathetic EC member, “a member of the EC other than the secretary”, and can he “serve the notice on behalf olf the EC” without deferring to the secretary?
- What is meant by “serve notice”? Is it to give notice of a general meeting as described in Sched 2 (ie., prepare and distribute the notice under cl 32 and 35 of Sched 2)
- What if anything, is the role of the SM in this instance? Is the SM, in effect, the “secretary” to whom the requisition is meant to issued in the first instance? Can the “member of the EC other than the secretary” practically serve the notice of EGM without the participation of the SM?
- Would the SM be required, once receiving the requisition, be required to prepare the financial reports as for any GM?
- Can the owners corporation meet on its own without the SM present (I am assuming so, since he works for us.)
Much appreciation for some additional clarification on the above.