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Trustee Replacement
I live in an sectional apartment block for people over 50. At our last AGM 3 trustees were appointed. After 8 months one of the trustees resigned with immediate effect and no replacement was sworn in. Quite a few very important meetings have taken place with 2 trustees present. We have a yes and no situation, so how can one have meetings and resolve urgent matters, and to top it all one trustee has given a vote of no confidence against the other. Is there any other way of resolving this matter other than calling a general meeting with all owners, and if so, who is to call the meeting, the managing agent or the chairperson or the one trustee.
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RE: Trustee Replacement
What number of trsutees were decided upon at the AGM (Prescribed Management Rule 56[d])?
Note PMR 16[1] & [2] in particular.
Also note PMR 8.
RE: RE: Trustee Replacement
Hi, Danie. I would suggest that your only option - if the two remaining trustees are at loggerheads - is to call a SGM to replace the trustees, or to vote in a replacement for the one who resigned. (I'm assuming that the remaining trustees are no willing to do this.) Any owner may reqire the Trustees to call a SGM in terms of PMR 53, provided he does so in writing with the support of 25% (by PQ) of the owners. If the trustees fail to do so, the owners themselves may call the meeting.
If you take this route, you will need to be sure that your have sufficient suitable people willing to become trustees.
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