@Kangaroo said:
Curly Q1Which of these SSMA Schedule 3 “rights” takes precedence?
(1) The “right” of the EC to hold meetings in writing (by e-mail):
10 Voting in writing by members of executive committee
(1) A resolution is taken to have been validly passed even though the meeting at which the motion for the resolution was proposed to be submitted was not held if:
(a) notice was given in accordance with clause 6 of the intended meeting, and
(b) a copy of the motion for the resolution was served on each member of the executive committee, and
(c) the resolution was approved in writing by a majority of members of the executive committee.
(2) The “right” of owners to attend EC meetings:
14 Owners’ attendance at executive committee meetings
An owner or, where that person is a corporation, any company nominee of the corporation is entitled to attend a meeting of the executive committee but may not address the meeting unless authorised by resolution of the executive committee.
Both meetings have equla standing in that they are legitimate meetings if properly convened.
What is the difference between sitting silently at an EC meeting and the EC doing a paperwork meeting – in the first case you get a show.
The question of precedence is not relevant.
At the end of the day the veto of sch 3 cl 11(2) applies to either meeting.