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Re the first AGM motion to decide number EC members: We want to have “as many as nominate” to get best possible democratic outcome as a current 3-2 block is dictating everything for a passive 12-unit block of elderly residents. So should our amendment to the SM’s “suggestion” to keep it to 5 be: 1. “That the number of EC members be equal to the number nominated.” OR: 2. “That the number of EC members be 12.” Would the second option mean if only, say, 6 nominated that we would have a quorum based on a notional 12-member EC – or would the quorum be based on only the number of 6 able to be appointed (as only 6 nominate).
We are not eager for an odd number of EC members as recommended by SMs to make life easy: happy to have an even number and rigorous discussions, or decisions referred on to a postal EGM.
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The sensible way to deal with this is to establish how many ‘neutrals’ are prepared to stand (and serve) and add that to the number of rusted-on members and that’s your membership number. It’s all about talking to people nd that shouldn’t be too hard in a small block.
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.
The way the legislation is drafted it is contemplated that you call for nominations first, and then the number of EC members is determined, then the EC members are elected. One of the reasons for that is so that you don’t have a situation where you have a certain number of EC members but will never be able to have a quorum.
Refer for example here in Schedule 3 (which refers to the first AGM)
(c) to determine the number of members of the executive committee and to elect the executive committee…
Why don’t you just draft the motion as open, i.e. “That the Owners Corporation determine the number of members to constitute the Executive Committee”, followed by “Elect the members of the Executive Committee”?
As the legislation currently stands you can’t have 12 members of the EC, the maximum is 9.
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