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Is there any reason why we can’t elect a 5 or 7 person Strata Committee (Executive Committee in the ACT) at the AGM and then the SC elect a new chairperson at different times throughout the year?
Our little 10-owner strata has split into two factions and a few of us are trying to find ways to bring “everyone into the tent”.
Thanks in advance,
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All I can see in the Act is a reference to the executive committee being required to elect office-bearers. I can’t see anything that would prevent an agenda item to declare one of those roles vacant then for an election of someone to fill it. On the other hand, I can’t see anything that would specifically permit it.
EC members can, however, be removed from the committee entirely by the vote of a simple majority at a general meeting.
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.
I agree with JT. If the EC elects a new chair from among its members, I think that resolution would automatically supersede the previous resolution that appointed the previous chair.
In the absence of anything more specific in the Act, I would assume that the EC’s role and power to elect office bearers can be exercised at any properly convened meeting of the EC.
Bear in mind that whoever is the EC chair by the time the next AGM comes around is by default the chair of the AGM unless they are unable or unwilling to chair the AGM.
I believe any of the elected positions can be resigned from, which then allows the SC to elect a replacement.
I believe any of the elected positions can be resigned from, which then allows the SC to elect a replacement.
Yes. You can’t force someone to continue being chair or treasurer or secretary if they can’t or don’t want to do it. Then the committee not only can elect a replacement, they must elect a replacement.
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