I know all has been said and done in this post, but my views on this one are identical to Whales. The act does say the Owners Corporation must replace a vacancy when one occurs. Vacancies in the committee in my view should be replaced at an EGM as they are elected at a general meeting in the first place. If the Acts intention was to allow the EC to replace its members, then it would say ‘The Executive Committee must appoint a person eligible for election’ etc.
Also there is no provision for ‘Proxy Forms’ for EC meetings. I really don’t know where people get that idea from. There is no prescribed proxy form for EC meetings, if the Act allowed for proxies for EC meetings there would be a prescribed proxy form to go with it (I guess). Acting members in my view are physical replacements who can act for a member of the EC if they cannot attend a meeting. E.g I appoint Whale to act on my behalf at an EC meeting as I cannot make it, however this is subject to the approval of the rest of the EC.
Again I am no solicitor, it’s just how I read the SSMA. I am not saying that your views are incorrect Jimmy, we all interpret things differently, and if what your doing works in your scheme and everyone’s happy, then so be it.