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@Kangaroo said:
The Act says that there must be a motion on the agenda for the AGM to set the number of EC members and a motion to elect them. These two motions are ordinary resolutions not special resolutions. And they don’t necessarily have to be in that order.
I am going to stick my neck out here and say we are both wrong. The 2010 regulations say this (emphasis in the following is mine).
17 Election of executive committee
(1) At a meeting of an owners corporation at which its executive committee is to be elected, the chairperson must:
(a) announce the names of the candidates already nominated in
writing for election to the executive committee, and
(b) call for any oral nominations of candidates eligible for election tothe executive committee.
(2) A written or oral nomination made for the purposes of such an election is ineffective if it is made by a person other than the nominee unless it is supported by the consent of the nominee given:
(a) in writing, if the nominee is not present at the meeting, or
(b) orally, if the nominee is present at the meeting.
(3) After the chairperson declares that nominations have closed, the owners corporation is to decide, in accordance with clause 2 (2) of Schedule 3 to the Act, the number of members of the executive committee.
(4) If the number of candidates:
(a) is the same as, or fewer than, the number of members of the executive committee decided on—those candidates are to be
declared by the chairperson to be, and are taken to have been,
elected as the executive committee, or
(b) is greater than the number so decided on—a ballot is to be held.