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The OC elects the EC. But the EC can't agree on who becomes Chair, Secretary and Treasurer.
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If the EC failed to elect a Secretary then there is no one to convene the next EC meeting. Enter s19 of the SSMA.
19 What happens if chairperson, secretary and treasurer are not appointed?
(1) An Adjudicator may, on application, make an order appointing a person nominated by the applicant (and who has consented to that nomination) to convene a meeting of the executive committee of the owners corporation if there is not a chairperson, secretary and treasurer of the executive committee of the owners corporation after the first meeting of the executive committee has been held.
If the EC has had a meeting and no Secretary or Office Bearers exist then you can get another meeting up and running by using s19 and at that meeting the EC should not be allow to close the meeting until office bearers are elected. If it takes all day then so be it.
It is important these positions are filled and if there are an odd number of EC members then it should not be hard to eventually elect people. If it means vote after vote after vote to eventually fill the positions then emphasize to the EC that if it cannot function at that level then it does not bode well for the rest of the year.
There is probably an easier way of appointing the office bearers. Section 18 of the Strata Schemes Management Act 1996 (the Act) states that the office bearers must be appointed at the first Executive Committee Meeting. Given that this has not occurred, the Executive Committee should seek to convene a further meeting to sort out the differences. In the absence of the Secretary (which is the case in your circumstances) any Executive Committee member may convene a meeting where he or she is requested to do so by not less than a third of the EC members (see clause 7(1) of Schedule 3 to the Act).
I suggest that each EC member submit to the Executive Committee their Curriculum Vitae (which may be attached to the Notice of the next EC meeting). Whoever is best suited for each office bearer's position should be nominated to that position. For example, a person with an accountancy background will be best suited to the position of treasurer and the person with an administrative background more suitable to the position as secretary. A person with experience in the board room or corporation conduct would be most suited for the position as chairperson. Obviously, not all members will be an exact fit, however, it is a matter of discretion and experience.
If the matter is still not resolved thereafter, I suggest that an application be filed pursuant to section 19 of the Act at the Consumer, Trader and Tenancy Tribunal for an order that a further EC meeting be convened and that particular persons be established to the office bearer's positions based on their background knowledge and experience.
Loraine Booth
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Maybe the answer for any building that doesn't have volunteers for office-bearer roles or a strata manager, is to get one.
JimmyT
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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