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How many Trustees needed

By Kaz Kaz on Tue, 09 Oct 2018 at 09:29

Good Day,

The acts says that if there are less than 4 members all members need to be a Trustee and if there are more than 4 members then the number of Trustees is decided at the AGM and voted on, but what does it say if there are exactly 4 members?

Thanks

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RE: How many Trustees needed

Murray Bennett replied on Wed, 10 Oct 2018 at 02:21

It's a grey area!
TRUSTEES
5. (1) All the members are trustees from the establishment of the body corporate until the end of the first general meeting.
(2) Subject to rules 6(4) and 28(1), if a body corporate consists of less than 4 members who are owners of primary sections, each member or his or her representative recognised by law is considered to be a trustee without election to office.
(3) If a body corporate consists of more than 4 members who are owners of primary sections, they must from time to time determine the number of
trustees to be elected in terms of these rules.

RE: RE: How many Trustees needed

Kaz Kaz replied on Wed, 10 Oct 2018 at 12:25

Thanks Murray, so what is your advise if you have 4 members?

RE: RE: RE: How many Trustees needed

Murray Bennett replied on Thu, 11 Oct 2018 at 03:49

Personally I think that having all members of small blocks as trustees can only be beneficial. So I would play it safe and go with four trustees. After all whether the legislation was meant to read 4 members or less or whether it was meant to read 4 members or more is anybodies guess.

RE: How many Trustees needed

Kaz Kaz replied on Fri, 12 Oct 2018 at 11:00

Thanks Murray and yes I agree.

Please can I ask another question.. I did post it on this group but have had no reply. ...Show More

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