Electing an extra Trustee

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,
may appoint a replacement trustee

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