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We have had an EGM and have just voted in new members to the EC. At the voting, we ended up with 8 members, since even numbers are not allowed, one member kindly withdrew. Now 2 days later a new EC member decided he is not interested.
Under such circumstances, any suggestion as to what we can do without calling another EGM? Can we replace the ‘uninterested’ member with the original voted in member who withdrew? If we can, what are the procedures to follow according to regulations without any comeback as being invalid?
Thanks
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Who says you can’t have an even number of members? It’s not a good idea but it’s not illegal in NSW. Where are you writing from?
Regarding the now vacant seat, all you have to do is to co-opt a new member at your next EC meeting and I would think the person who stood down to allow the numbers to be odd would be a candidate.
The procedure for the election of and EC at a general meeting in NSW is that you must vote to decide howe many seats you want on the EC, then you call for nominations, then you have a vote if the number of candidates exceeds the number of seats.
You shouldn’t have been in the position of taking nominations before you decided on the number of seats.
At the risk of insulting yu and your colleagues on the EC. the SCA (strata managers) run an excellent online EC members training course which all of you would do well to undertake. You’ll find it HERE.
The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.
You are allowed even numbers on an EC, it just makes things difficult. You may have resolved to have only uneven numbers on the EC.
Back to your question, you effectively now have a vacancy on your EC. So strictly speaking what you need to do is declare a vacancy on the EC and call for nominations. The original voted in member can nominate to fill the vacancy and that will be fine. If someone else also nominates, then strictly speaking it should go to a vote of the OC. There have been discussions about this before, this is very unwieldy, and personally I think a vote of the EC should suffice.
@scotlandx said:
If someone else also nominates, then strictly speaking it should go to a vote of the OC. There have been discussions about this before, this is very unwieldy, and personally I think a vote of the EC should suffice.I agree – if someone feels they have been unfairly excluded because they have more support in the general population of the strata scheme than they do on the EC (it’s called the ‘Rudd-Gillard” effect), then they will have enough support to call a general meeting to rectify the matter.
The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.
Scotlandx is correct. The OC must agree to the replacement EC member. The EC can make this decision as a decision of the EC is deemed to be a decision of the OC (unless the matter is restricted by the Act or a general meeting resolution under s21(2) of the Act).
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