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  • #8471
    Felix
    Flatchatter

      There are 7 members of the EC.

      3 are considering resigning due to moving away interstate.  When i say resign, I don’t mean from the EC but rather from office bearers.  They would still like to remain  on the EC.

      I don’t believe there is legislation in regard to this.

      How  would you suggest it be handled

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    • #16831
      Jimmy-T
      Keymaster

        As long as they are still owners, they can stay on the EC but your problem will be if they don’t tune up for meetings (as it sounds like they won’t) and have to give their proxy votes to someone else.

        The EC has to approve proxies before they can vote and that means there has to be a quorum at the start of every meeting and that means all four of the remaining members have to be there to form the quorum (the non-attending members’ can’t be part of the quorum because their proxies haven’t been approved yet).

        This sounds like a very unsatisfactory arrangement and you should try to persuade at least one of them to resign so you can co-opt another member on to the EC to give you some wriggle room.

        You will need to find new office-bearers from the remaining members although opne person can take on more than one role.  Failing that,your strata manager can take on any or all of those roles – but it will cost you.

        As a last resort, if none of the three departing members want to resign, you could hold a Extraordinary General Meeting to declare the three seats vacant and elect new members.

        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.
        #16832
        Felix
        Flatchatter
        Chat-starter

          Thanks Jimmy

          What do you do if they want to be part of the meetings through Skype

          #16841

          Hi all, I meant to reply to a similar post previously but it slipped my mind.

          I was under the impression there are no proxies at an EC Meeting. I had always believed a proxie could be used at any meeting, until we recently engaged a strata solicitor to advise and attend EC and GMeetings regarding a big issue. He informed the OC that you could not have proxies at EC Metings. Only general meetings. So what and who is right?

          Cheers,

          CBF

          #16842
          Jimmy-T
          Keymaster

            I think you are confusing proxy votes from owners at general meetings and proxy votes from other EC members at an executive committee meeting. In an EC, it’s one member, one vote – no owner proxies or unit entitlement poll votes. However, you can have proxy representation of an absent member of the EC, but only provided the EC agrees to it.

            Some EC members try to use the proxy votes that got them elected to the EC to wield more power at the EC – this is not allowed. Like I said, EC votes are one member, one vote unless an absent member gets another member or another person to represent them … and that have to be approved by the EC..

            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.
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