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Forming a committee

Posted: 04 Mar 2022 12:41
by barryshattock
Hello

our complex committee have resigned as of the next AGM: How does one go about forming a new committee? (How many members, positions that should be filled how to nominate etc etc)

Regards

Re: Forming a committee

Posted: 04 Mar 2022 13:56
by Pantheman
barryshattock wrote: 04 Mar 2022 12:41 Hello

our complex committee have resigned as of the next AGM: How does one go about forming a new committee? (How many members, positions that should be filled how to nominate etc etc)

Regards
You can have up to 5 members, Chairperson, Treasurer, Secretary plus 2 others.

They are voted in at the next AGM. You should add it to the agenda.

Re: Forming a committee

Posted: 04 Mar 2022 16:37
by barryshattock
Thankyou

If I (for example) was interested, how many nomination would I require to be elected ? Is this all volentry work ?
Do committee members HAVE to be residents ?

Regards

Re: Forming a committee

Posted: 17 Apr 2022 11:03
by bshatttock
Hi

Can you have more the 5 people on a committee - and can a committee be voted in online by zoom or similar method

Regards

Barry Shattock

Re: Forming a committee

Posted: 17 Apr 2022 13:17
by Nigel Howarth
Hi Barry

The maximum number you can have on a Management Committee is 5 (five):

"At the first general meeting the owners specify the number of persons who shall constitute the Management Committee, which may not exceed five, and elect the person or persons who constitute the Committee.

"If the members of the Management Committee are more than one, a treasurer is elected. If the members do not exceed two, they must be owners of units."


Please refer to PART VI – MANAGEMENT COMMITTEE on page 19 of the THE IMMOVABLE PROPERTY (TENURE, REGISTRATION AND VALUATION) (AMENDMENT) LAW OF 1993.

You cannot vote for a committee online. BUT people can vote by proxy. (More information in the law above.)

And you don't need to hold AGMs online. People voting by proxy are considered to be attending the AGM, so a quorum can very easily be achieved even if only the chair and secretary physically attend the meeting (providing all election nominees, agreement of accounts and motions to be decided are conveyed to all owners beforehand.)

Regards,

Re: Forming a committee

Posted: 21 Apr 2022 11:14
by bshatttock
The present committe are resigning this term,
1 - Six people have beeb approached to form a new committee you have said that only 5 People are allowed on the committee . does that include "ordinary members"?
2:They intend for owners to vote be Zoom, is that legal ? i fear not as you have said
Regards
Barry

Re: Forming a committee

Posted: 22 Apr 2022 06:28
by Nigel Howarth
Hi Barry

Please refer to the law - I include a link in my earlier reply.

Regarding the number of people on the management committee the law states (on page 19, para 36 & 37):

"At the first general meeting the owners specify the number of persons who shall constitute the Management Committee, which may not exceed five, and elect the person or persons who constitute the Committee.

"If the members of the Management Committee are more than one, a treasurer is elected. If the members do not exceed two, they must be owners of units."


People will have to vote either by proxy or in person at the meeting.

(The Covid restrictions prevented 'normal' meetings taking place and the only option was to use Zoom or similar. But you couldn't vote using Zoom. Zoom can still be used for people to observe proceedings, but voting must be done in person or by proxy.)

The appointment of a proxy is described on page 19, para 28:

"The appointment of a proxy must be made by a document signed by the person who appoints the proxy or by his representative. The proxy may be general or appointed for a specific meeting and does not have to be any owner."

Regards,

Re: Forming a committee

Posted: 22 Apr 2022 07:28
by bshatttock
Thankyou very much Nigel

Re: Forming a committee

Posted: 22 Apr 2022 14:54
by bshatttock
Hi Nigel

this is the reply from the existing committee about the zoom situation

They have spoken to someone at who organises AGMs for other complexes and she assured me that you can vote via zoom by including 'polling' or confirm the vote in writing whilst on zoom to create a paper trail.

also
There will be a chairman ac vice chairman and Four othres,they say the Chairman and Vice Chairman count as one vote

Regards

Barry

Re: Forming a committee

Posted: 26 Apr 2022 09:19
by bshatttock
Hi Nigel

this is the reply from the existing committee about the zoom situation

The existing commitee have spoken to someone at who organises AGMs for other complexes and assured me that you can vote via zoom by including 'polling' or confirm the vote in writing whilst on zoom to create a paper trail.Is this correct ??

also

There will be a chairman and vice chairman and Four others,they say the Chairman and Vice Chairman count as one vote. Is that correct,if thats the case the vice chairman has in effect no vote at all

Regards

Barry

Re: Forming a committee

Posted: 26 Apr 2022 13:06
by Nigel Howarth
Barry

PLEASE READ THE LAW.

Aa I advised you earlier, the maximum number you can have on a Management Committee is 5 (five):

"At the first general meeting the owners specify the number of persons who shall constitute the Management Committee, which may not exceed five, and elect the person or persons who constitute the Committee.

"If the members of the Management Committee are more than one, a treasurer is elected. If the members do not exceed two, they must be owners of units."


Please refer to PART VI – MANAGEMENT COMMITTEE on page 19 of the THE IMMOVABLE PROPERTY (TENURE, REGISTRATION AND VALUATION) (AMENDMENT) LAW OF 1993.

Clearly you have been talking with someone who speaks through an orifice normally reserved for another purpose.

Re: Forming a committee

Posted: 26 Apr 2022 14:48
by bshatttock
Hi Nigel

Thankyou so much

So a maximum of Five on the commitee

and what is the situation with the Zoom votes

"They have spoken to someone at who organises AGMs for other complexes and they assured them that you can vote via zoom by including 'polling' or confirm the vote in writing whilst on zoom to create a paper trail"

Regards
Barry