#18048
scotlandx
Strataguru

    It’s a bit hard to tell without more detail, there are several elements to electing the EC:

    1. determining the number of members of the EC (no more than 9), which is for the owners to decide at the AGM.

    2. nominations for membership of the EC.  A nomination is not the same as a proxy.  You cannot use a proxy to nominate a person (or yourself) for the EC, it is a separate thing, so you need a document saying I nominate X to be a member of the EC.  You can only be nominated by an owner (you can nominate yourself).

    3. If there are more nominations than there are positions on the EC, then the owners vote on who they want. 

    4. Determining who will be the office bearers.

     

    What isn’t clear from what you said is how people were nominated to the EC.  They might have been properly nominated, but it could be worth checking.

    As a matter of good governance, proxies should be disclosed.  The minutes have to detail who held what proxy anyway, and if they don’t you should be asking why.  Also if a person puts in a proxy it would be difficult for them to direct the proxy re any election of EC members, so it would have to be an undirected proxy.

    I was interested by what Bev29 said about the EC charmer being nominated by the strata manager.  Unless the strata manager is an owner, that is not possible, so again it could be worthwhile checking and seeing if the nomination was invalid, in which case you could get the charmer off.