Thank you for your reply.
I had better more specifically explain the circumstance, and then ask the specific question.
We had 3 members in our Executive Committee, then 1 left and vacated the premises before that last AGM , and was not replaced in the manner you described , and as is in the Legislation.
In the procedure you numbered for the AGM:
1. was not done at the last AGM – the meeting was not asked to decide how many EC members.
2. was not done – the Chair did not call for nominations.
No-one spoke , and it seemed to be presumed that the 2 remaining members of the EC were already nominated – perhaps they had in advance in writing , however their names were not stated to the meeting.
Perhaps no-one considered it mattered because we knew them from the previous year.
Next , the Chair stated that the number of EC members for the coming year be set at 2 and asked that we vote – which everyone else did , however I was then a fairly new owner and unsure of the correct process , so I did not know what to do then.
Strangely , since the AGM a few other owners have said to me that we should have 3 EC members as had previously been the case , so I am puzzled why none spoke up at the meeting.
My specific questions are:
There are 3 Office-bearer positions in the Legislation for Executive committees:
Chairperson ; Treasurer ; Secretary ,
thus can any person at the AGM refuse to allow at least 3 eligible owners nominations be accepted to be EC members ?
And , regardless of whatever procedure the Chair of the meeting follows , such as possibly stating the number has been set at 2 , can it be legally voted by a majority of attending owners , including the few proxies , that the number remain at 2 after a 3rd eligible owner has stated he/she wants to nominate ?
I am not concerned that 1 EC member may hold 2 of the Office Bearer positions , I am only concerned that a 3rd eligible owner’s nomination may be not allowed as result of who-ever , whether Chair of the meeting or one or other of the current 2 EC members , stating to the meeting that the number of EC members has been set at 2.
There may be only a minority of owners present who want 3 members in the EC , thus not able to force a vote for the number to be changed if the Chair does not call for a number to be set.