Nor sure about the specific legalities of all this but members who sell automatically cease to be members when they are no longer owners, regardless of whether they resign in writing or not.
If the number of members of the EC was set at 5 at the last AGM, it also looks like at some point the meeting ceased to be quorate, meaning any decisions they made may have been invalid.
However, you would have to seek orders from an NCAT adjudicator to overturn the decisions and to succeed you would have to prove that a “serious injustice” occurred because of the decisions being made while the meeting was inquorate.
The next logical step, if that is established, would be to hold an EGM to elect a new committee – but I’m not sure any adjudicator would demand that.
Anyone else been in this situation? Here’s what the Act says:
Division 11 Provisions relating to orders of Adjudicator
163 Dismissal of application on certain grounds
(2) If the ground for an application for an order under this Part is:
(a) the absence of a quorum at a meeting, or
(b) a defect, irregularity or deficiency of notice or time,
an Adjudicator may, by order, dismiss the application if the Adjudicator believes that no substantial injustice has resulted.
(3) An Adjudicator may, by order, dismiss an application for an order under this Part on any other ground that the Adjudicator considers appropriate.
(4) Without limiting the generality of subsection (3), an Adjudicator may, by order, dismiss an application for an order under this Part if:
(a) the Adjudicator believes that the application is frivolous, vexatious, misconceived or lacking in substance, or
(b) the Adjudicator believes that a decision in favour of the applicant is not within the jurisdiction of the Adjudicator, or
(c) the Adjudicator believes that the applicant has unreasonably delayed the provision of information required by the Adjudicator, or
(d) in the case of an application made by an owner of a lot in the strata scheme concerned, the applicant has not paid all contributions levied and payable in relation to the lot under this Act.
(5) An Adjudicator may dismiss an application in accordance with this section even though the notice requirements of Part 3 have not been complied with and despite that a time, or extended time, specified for making written submissions on the application has not expired.