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AdministratorApril 10, 2022 at 4:28 pm
Considering X’s right to vote for himself on a motion that he be removed from the board:
Roberts’ reference to the procedure for removal of the accused at some point in a trial shines a light somewhere but doesn’t seem to help me distinguish X’s trial from a rule preventing X’s conflict:
- a trial examines evidence, i.e. a historical fait accompli to determine if the accused has already acted contrary to the law
2. a rule eliminates any future possibility of X benefitting from being a board member or appearing able to do so from a conflicted position, regardless of anything being done.
Within part B, two cases exist:
- the existing conflict rule is tantamount to a preemptive ruling of guilt; it prevents everyone from having any advantage, positive or financial, arising from their position, full stop.
2. since X’s position on the board gives him all attendant, board-related rights which puts him above the other unit owners who, e.g. can only vote at the AGM and a special general meeting, X may not vote for himself to maintain the advantage of his position.