Motion To Elect New Strata Committee @ EGM

An AGM was held 4 weeks ago. The incumbent building manager (who had 2 weeks to go before the end of a decade plus appointment)  turned up with a proxy and attempted to a part of a faction attempting to take control of the strata committee. The building manager was unable to be elected to the strata committee as the act does not allow it, however was voted in as a BMC representative.

Upon investigation to determine how that could happen it was discovered the BMC appointments were done via ordinary resolution and not the required special resolution. The managing agent argued the appointments were still valid, but conceded it was best to call an EGM to reappoint the roles.

The newly appointed secretary (one of the faction) then wrote to the managing agent behind the committees back seeking confirmation that they could call the EGM and dictate the motions on the EGM without informing or consulting with the strata committee. They then said in addition to re appointing the BMC reps they wanted to re elect the strata committee and  “reset the numbers”. Ie. wants to get someone off the committee that they weren’t successful in stopping being re elected at the AGM and most likely having another crack at getting the now ex building manager onto the committee.

Managing agent gave advice that a motion can simply be placed on the agenda to elect the strata committee again. Argument has now broken out about the interpretation of the legislation with one party believing that in order to re elect a new strata committee the current positions first need to be vacated by special resolution.

Managing agent is relying on Schedule 1, section 8, matters that must be included in notice of general meetings point  (b)  a form of motion for the  election  of the strata committee, if the meeting is for that purpose to argue the validity of the motion to simply elect a new strata committee without needing to vacate the positions and Section 35 vacation of office of elected member of  strata committee section (d) at the end of the next meeting at which a new strata committee is elected by the owners corporation as further evidence.

However section 35 (3) states A special resolution that determines that the office of a member is vacated may relate to more than one member of a strata committee or to all members of a strata committee.

Once again the legislation seems to be written in a way that is confusing and open to interpretation.

If a motion could simply be placed on any EGM agenda to re elect a strata committee without having to vacate first, then section 35 (3) would seem to be in conflict as it says it may relate to one member or to all the members of the strata committee.

Does anyone have any examples of how this legislation is to be interpreted for example under what circumstances would an EGM be determined to be for the purpose of electing a strata committee?