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preventing re-election as a trustee
A few owners in our development of 59 units have been making pests of themselves by openly consuming liquor on common property and their guests even urinated on neighbours walls openly. A round robin seeking direction from the owners achieved an 80% victory against the culprits. One of the trustees voted in favour of this behaviour. He plans to stand for re-election at the coming AGM.He makes life difficult for the other trustees. Can he be legally and openly exposed for his stand and spoken against at the AGM to prevent him from being re-elected? Please advise. Thelma
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RE: preventing re-election as a trustee
Hi
The only way, i.t.o. the Rules, someone is disqualified from being nominated/elected as a trustee is found in PMR 13.
The only other alternative is to see that you have more nominations than the number of "posts" available (PMR56 (d)). Then hopefully the person would not be elected. It might also help if he is made aware of the provisions of ยง35 (3).
RE: RE: preventing re-election as a trustee
Hi, Myburgh. When the subject of voting for the new trustees arises at an AGM, I would not think there is any reason why a member cannot speak for or against any nominee. What do you think?
RE: preventing re-election as a trustee
Hi
If you want to go that route your facts would have to be water-tight otherwise it could end up in court with a defamation charge. It could further lead to a free-for-all mudslinging contest which would in turn lead to a lot of animosity and bad vibes among members. It could also have the effect of members not being willing to serve as trustees if personal issues and likes and dislikes come into play.
RE: RE: preventing re-election as a trustee
Point taken, Myburgh: just like a general election, in fact!
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