› Flat Chat Strata Forum › Strata Committees › Can the EC elect new EC members? › Current Page
My Uncle Jamal said:
The eighth seat is cancelled, because it was not filled by a valid candidate (Reg 17(4)(a)). The executive committee is now finalised: it comprises seven seats by seven people.
17 (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
Why do you feel this means the eighth seat is cancelled. The Regs says nothing about seats being cancelled if the number of seats is more than the number of candidates.
The idea you put forward is that the maximum number of EC members is restricted to the number of candidates in cases where there are less candidates than 9.
What you imply is that if there are only X people nominated, the OC is restricted to passing a resolution that says the EC will be X members.
One would think that 17 (3 or 4) might say something about that if such was the case.
I do not see a problem with having 7 candidates and then stating the EC will have 8 members. There is no contradiction or circumvention of the Act or Regs in doing so.
Regulation 17 of the SSMA is to elect an executive committee.
Clause 4 of Schedule 3 is about filling vacancies.