#24582
scotlandx
Strataguru

    If the two were properly nominated and they have acted as EC members then I don’t see what the problem is, they have effectively consented by acting.  At the most it is a procedural irregularity, and I don’t think that would affect the validity of any decisions made by the EC.

    If you have concerns regarding how the AGM was run you need to take that up with the strata manager – I know they can be difficult, it can take a lot of work so your first point is to make sure you know how a meeting should be run.  If most members are concerned they will back you.  Another way of dealing with it is to have the Chair of the EC chair the meeting.

    In terms of how the EC makes decisions, if they want to make decisions then they have to follow the requirements such as giving notice of an EC meeting, and including proposed items that will be considered at the meeting.  If they don’t do that, and they make a decision such as to spend a large amount of money, then the decision can be challenged.

    One thing that bothered me was the EC getting legal advice in relation to their election.  I presume the OC paid for that advice.  There should have been a valid EC decision to obtain that legal advice, and I don’t see any reason why the other owners shouldn’t see that advice.