We have 3 Trustees at our Body Corporate as agreed per the number at the AGM. The Trustees want another person to be co-opted as a Trustee. Which section of the Act specifically speaks to that?
Looking at the STSM Act – This portion states that Trustees must be elected at a general meeting
PMR 7
(4) Save for the provisions of rules 5(1) and (2), trustees must be elected at the first general meeting of the body corporate and then at each subsequent annual general meeting.
But if there is a vacancy then
PMR 7
(5) If a trustee ceases to hold office —
- the remaining trustees; or
- the members in general meeting,
If the AGM decided on 3 Trustees and there are still 3 Trustees then there is no vacancy that the Trustees can fill – they have to call another general meeting to change the number of Trustees and then elect trustees