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@Whale said:
An executive committee (E/C) vacancy that occurs in the circumstances described needs to be filled in accordance with a vote by the owners corporation – not by the remaining committee members.
There is some debate over this.
Section 4 (2) says: 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.
However Section 21 says decisions of the Executive Committee are decisions of the Owners Corporation, except where those decisions require a special resolution or a unanimous vote (see below).
A lot of Owners Corps take that to mean the the EC can elect replacement members when one leaves, because Section 4 doesn’t specify that the decision has to be made in a general meeting.
However, section 2(b) says any decisions made in a general meeting can only be decided in a general meeting. The election of the EC occurs at a general meeting so that would suggest that Whale is correct.
All I can say is most ECs that I know take the former point of view and I have never heard of it being challenged at a Tribunal.
21 Executive committee’s decisions to be decisions of owners corporation
(1) A decision of an executive committee is taken to be the decision of the owners corporation, subject to subsection (4).
(2) However, the following decisions may not be made by the executive committee:
(a) a decision that is required by or under any Act to be made by the owners corporation by unanimous resolution or special resolution or in general meeting,
(b) a decision on any matter or type of matter that the owners corporation has determined in general meeting is to be decided only by the owners corporation in general meeting.
(3) An owners corporation may in general meeting continue to exercise all or any of the functions conferred on it by this Act or the by-laws even though an executive committee holds office.
(4) Despite any other provision of this Act, in the event of a disagreement between the owners corporation and the executive committee, the decision of the owners corporation prevails.