@Stevecro said:
In NSW the SSMA 1996 says:
- (2) When a vacancy occurs in the office of a member of an executive committee (otherwise than by reason of subclause (1) (d)), 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.
I guess you could call an Extraordinary General Meeting (EGM) and replace the vacancy there. How soon should that be done? The act does not say how soon, however like everything else it should be done as soon as practicable.
I am not sure that the quoted text would necessarily require a general meeting, though it might. In the ACT the Act says the EC can exercise any function of the OC unless directed otherwise by a general meeting resolution or the Act specifies a particular resolution of a general meeting to make that sort of decision. If that is similar elsewhere and if the Act specifies the process of election of an EC member at the AGM, appointment to fill a casual vacancy at some other time might not be the same thing and might be a function the EC can exercise.
Just because the EC can exercise a function does not always mean it should rather than refer to a general meeting. That is a matter for judgement.