› Flat Chat Strata Forum › Strata Committees › Can the EC elect new EC members? › Current Page
It's not a simple question!
If I can pick out reg 17 (4) to highlight the wording:
17 (4) If the number of candidates:
(a) is…fewer than the number of members of the executive committee decided on—those candidates…are taken to have been, elected as the executive committee
So it depends on how you interpret “as the executive committee”
I think you could argue that this part of Reg 17 has been added to rule out so-called “ghost vacancies”. If it was decided to have 8 candidates but then there are only 7 nominations then reg 17 (4) states those seven are elected as the executive committee. They are not for example elected “as part of the executive committee”, or elected “to the executive committee”.
Even if a “ghost vacancy” was created there is no mechanism to fill that vacancy. Schedule 3 clause 4 makes it clear when a vacancy becomes available, for example when an already elected member hands in their written notice, a meeting of the owners corp must appoint a person to fill the vacancy. Ghosts do not hand in their written notice!
So can the EC elect new EC members – I don't think so!