#23091
Whale
Flatchatter

    Sorry Jimmy, but I don’t think that’s right, and whilst I hate quoting bits of the Act, Schedule 3 (with my emphasis underlined and an explanation in italics)….

    Cl.2(3) states “The members of an executive committee must be elected at each annual general meeting of the owners corporation“; and

    Cl.4(2) states “When a vacancy occurs in the office of a member of an executive committee [otherwise than by reason of subclause (1) (d) (i.e. at the end of their term)], 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”. 

    So in as much as both delaying the filling of a Executive Committee (E/C) vacancy until the next AGM an convening an EGM just for that purpose may be undesirable, that’s what I believe is the intent under the provisions of the Act – despite the fact that in some other situations a decision of the E/C is taken to be one of the Owners Corporation.

    Again, whilst Cl.3 provides for acting E/C Members to be appointed as you describe, I am of the opinion that means a personal attendance by another Owner in that acting capacity and not a written proxy by the absent Member in the form and with the intention allowed at General Meetings.

    Always learning, so I’m happy to be corrected though.