@confused1 said:
My questions are:
What capacity does the EC (50% of those originally elected) have to enter into such financial agreements?
The Act says “When a vacancy occurs in the office of a member of an executive committee … the owners corporation must appoint a person eligible for election as a member to fill the vacancy. Any person so appointed holds office, subject to this clause, for the balance of his or her predecessor’s term of office. However, in the meantime as long there is a quorum based on the intended size of the EC, decisions are valid. But that would mean that all three of those elected would have to be there in person (becasue the EC has to vote to accept proxies and they can’t vote if fewer than half of them are there, because a quorum is 50 percent of the number of members determined at the last AGM.)
If an item was approved years ago and blows out in cost, what are the limits the EC can approve without approval from the OC?
In a large scheme (over 100 lots) it may not be any more than 10 percent over budget unless that has been removed by a general meeting. I don’t think theres the same restriction on smaller schemes.
If a committee loses 50% of its members, do the remaining 50% still hold the same level of authorisation?
See the first answer – they do if they are all actually at the meeting to make the quorum – but they should appoint eligible replacements as soon as possible.
Is it possible for the OC to put a hold on the decision making rights of the EC until a new one can be elected? Keep in mind, the AGM is scheduled 2 weeks after the ECM (convenient huh?)
The Owners Corporation’s decisions are superior to the EC’s. But you’d be hard pressed to get another general meeting in before the next EC meeting. However, they’d be pushed to get anything done before the AGM pulls them into line, wouldn’t they?
And it’s hard to undo decisions that were legitimately made by the EC acting in good faith (even if they turn out to be bad decisions).