#17998
Whale
Flatchatter

    Bev29 – Just to clarify, by the term “emergency meeting” I assume that you mean a General Meeting of the Owners Corporation, and that by “stacked the EC” you mean that the Member you’re referring to used the proxies of other Proprietors given in his favour to vote certain friends of his onto the Executive Committee (E/C) after they nominated for the positions made vacant by the Meeting, and which were voted upon and fiilled in accordance with an Item on the Meeting Agenda.

    If all that’s correct then it’s legal, and otherwise it is not.

    On the assumption that it is correct, then the best option for you and like-minded Proprietors would be to gather as much support as possible to requisition the Secretary of the E/C to convene a General Meeting of the Owners Corporation, to place your Motion on the Agenda, and for those like-minded Proprietors to both attend the Meeting personally and entice as many others as possible to also attend, or to at least obtain the proxies of others of a like-mind who cannot attend.    

    You will have to get the numbers, which in the first instance in order to successfully requisition the Secretary is a minimum 25% of the Proprietors in your Plan by unit entitlement; in other words if the total unit entitlement (the aggregate) of all Lots in your Plan is 100, then you need like-minded Proprietors whose Lots together total a minimum 25 units of entitlement.

    In the second instance, you’ll need the attendance either personally or by proxy of sufficient like-minded Proprietors to nominate for membership of the E/C (max 9), and to comprise a majority of those in attendance (again including the Member and his proxies) when the vote for E/C Membership is taken.

    Lastly and with regard to the vote, if you and your like-minded “team” aren’t confident of success by a simple majority vote, then you can request a poll vote where the Lot units of entitlement of those in attendance is used to decide the outcome (in this hypothetical example, 51).