@scotlandx said:
… it doesn’t make sense to have to call a general meeting to appoint someone to a casual vacancy, which is what the legislation suggests.
It may suggest that but standard practise is for the EC acting on behalf of the Owners Corp to elect the new member. This is what the Act says:
(2) When a vacancy occurs in the office of a member of an executive committee … the owners corporation must appoint a person eligible for election as a member to fill the vacancy. Any person so appointed holds office, subject to this clause, for the balance of his or her predecessor’s term of office.
The key missing phrase is “at a general meeting”. And the word that interests me is ‘must” – there is very little compulsion in the Act so we should take it seriously when the legislation stamps its little foot.
And you are right, ScotlandX, having two vacancies on an EC of only four seats means you are sailing too close to the wind of quorum every time a meeting is called (although these bods don’t seem to bother with such niceties as calling meetings).
Personally, I would write into the Act that if there are not enough nominations to fill the number of seats determined at an AGM, the meeting should continue until such times as enough members are found to fill the seats or the number of seats is reduced.