- This topic has 22 replies, 6 voices, and was last updated 13 years, 2 months ago by .
-
Topic
-
We as owners with enough unit entitlements call for an EGM, is it correct that we cannot set the date and time of the meeting? According to the SM, only he alone can dictate the time and date that is convenient for him to attend, technically.
Can the SM attend the EGM or does he need to be invited? Can we have an EGM without the SM?
If the SM rewrite our agenda and motions, can he send it out without letting us approve the amended agenda and motions?
Thanks
-
Replies
-
chak – obviously we don’t know the details, but the fact that your Executive Committee (E/C) was as you’ve stated “self elected” probably means that from a legal perspective you really don’t have one, but as they’ve been performing the role to some extent, probably want to continue, and may attend the EGM, that changes matters somewhat in my opinion.
I mean, it’s your Plan so you know the personalities, but if you have the numbers to appoint an A/Chairman in the manner that I outlined earlier, and in circumstances where the self-elected Chairman and other E/C Members are in attendance, then fine – put the Strata Manager’s suggested Motion on the Agenda before the one to then elect a new E/C.
Again, it’s all about the numbers, because as Jimmy T advised (post 15) you need ≥75% of all those in attendance and entitled to vote, both personally and by proxy, to be in favour in order for that “removal” Motion to pass.
(I’ll have to learn how to type faster, as kiwipaul’s post just came up ahead of mine; complementary though.)
@Whale said:
chak – obviously we don’t know the details, but the fact that your Executive Committee (E/C) was as you’ve stated “self elected” probably means that from a legal perspective you really don’t have one, but as they’ve been performing the role to some extent, probably want to continue, and may attend the EGM, that changes matters somewhat in my opinion.I’m just a wee bit concerned that “self elected” might mean that the EC members volunteered for vacancies and there were enough seats for everyone so there was no vote and therefore they weren’t ‘elected’. However, they would still be legitimate members of the EC.
If you want to be alerted when anyone replies to your posts or responds to this topic, please register and login, then you will be able to subscribe to the topic. The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers. NB: Longer threads may spill over to additional pages - look for the numbers on the bottom right, under the last post.
@JimmyT said:
I’m just a wee bit concerned that “self elected” might mean that the EC members volunteered for vacancies and there were enough seats for everyone so there was no vote and therefore they weren’t ‘elected’. However, they would still be legitimate members of the EC.
Good point Jimmy and if this is the case you have a legal EC and you will need a vote of 75% in favor (of those present or via proxy) to remove the current EC and get another one voted in. You’ve got a long way to go if you only have 38%.
Sorry guys, one more question and hopefully answered by tomorrow, please cos big day on Saturday. Can someone be nominated for EC although that person is not present at the EGM due to change of meeting date at the last minute? Thanks.
Unless there is some weird requirement of another state (I’m in ACT) I don’t see why not. However, you would need evidence that the person accepts the nomination. If I were chair I would accept a written and signed extra statement written onto the end of a proxy form. EG. “I would be happy to accept nomination for a position on the EC at this general meeting. signed, Joe Blogs”