Board Resignation- Legalities

[sybil plessey]

With a 3 person Board of Management, can anyone explain what the legal position is when the Chairperson resigns from the Board. Can the Board continue to function with the remaining 2 members until the next AGM or does the resignation make it a mandatory legal requirement to call an EGM?

 

[alva5763]

This happened with us a few years ago. We managed till next AGM. Might be a problem if there were any objections to those remaining on the Board.

 

[sybil plessey]

This happened with us a few years ago. We managed till next AGM. Might be a problem if there were any objections to those remaining on the Board.

The remaining 2 are happy to stay on until the next AGM- and there are no objections to this so far. Just want to know the legality of doing this or is there a legal requirement to have an EGM to ensure the Board consists of 3 as originally established?

 

[sybil plessey]

This happened with us a few years ago. We managed till next AGM. Might be a problem if there were any objections to those remaining on the Board.

The remaining 2 are happy to stay on until the next AGM- and there are no objections to this so far. Just want to know the legality of doing this or is there a legal requirement to have an EGM to ensure the Board consists of 3 as originally established?

 

[akbukowl]

Did you have more than three candidates when the committee was elected ? I had a similar situation with the person that did our accounts they sold up so the committee in order to provide the smooth running of the complex co-opeted another person to do the work ,we just notified everyone of the decision

 

[Kanga]

This article is comprehensive and may help, or give you a link.

https://www.justanswer.com/european-law/7pft3-condominium-law-law-says-every-owner-one-vote.html

 

[sybil plessey]

Did you have more than three candidates when the committee was elected ? I had a similar situation with the person that did our accounts they sold up so the committee in order to provide the smooth running of the complex co-opeted another person to do the work ,we just notified everyone of the decision

Was that person who sold up- was he/she an elected member of your committee? I thought legally it was either a case of a singleton manager or a 3 person Board?