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[Cappy]

There was no quorum at our AGM, but the meeting proceeded as if there were and all the motions were voted on, so the Strata Manager could get the feel of how we would have voted had there been a quorum. We have been told that a notice for an Adjourned meeting will be sent next week, but no-one has to attend the meeting, as the Strata Manager has the feel and the vote counts from the AGM that didn’t have a quorum. Is this correct? I did not realise that the meeting could proceed and votes be taken and counted without a quorum. From reading your posts I understood that only those who now will attend the adjourned meeting will have their votes counted.

Cappy 

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[Jimmy-T]

@scotlandx said:

However, it is not a good practice, and I don’t think the CTTT would be happy if the resolutions were more substantive ones, such as a resolution to carry out major building works, a resolution to engage a lawyer and commence legal proceedings, or a resolution to make a special by-law.

I agree – if you have big decisions on the agenda, make sure everybody knows their vote is important.  I must say I like aspects of the Victorian system where decisions made at a non-quorate meeting are provisional and owners have 28 days to object before they become effective.  However, I wonder if that will make owners even less likely to attend.

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[Cappy]

I posted the initial question – and thanks to you all for the in depth replies. I am most appreciative of your input – yet somewhat confused about the proxy issue which I had not originally even thought about. My question referred to a large Strata in NSW. There was no quorum but all matters and motions on the AGM agenda were considered and a vote taken on 2 levy options, one almost 4 times more than the other, a new EC was elected among other issues – quite significant matters in my mind. Owners were then told not to attend the adjourned meeting – we didn’t have to do anything else as the Strata Manager had our instructions. Notice of the adjourned meeting has been received and a proxy form was enclosed. We were told we didn’t have to do anything – so the proxy form enclosure was confusing.  A note accompanied the original AGM notice, advising all Owners that nothing could be considered or voted on unless there was a quorum! Seems weird to me. I appreciate that this is an easy and expedient way to do things, and indicative of the feelings of those who made the effort to attend the original AGM – but can you tell me simply if the process followed at this meeting was correct? Thank you.

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[Whale]

Whale originally said:

“So in summary your understanding is correct; there was no quorum, there was no Meeting, there could be no vote, and psychic or not whatever it was that your Strata Manager “felt” that a vote may have been that’s of no consequence.

My advice – unless you and the others are completely satisfied with all Agenda Motions and they’re all innocuous in your opinion/s, then either provide new proxies including voting instructions on each Motion OR personally attend the reconvened Meeting; both options will invalidate any proxies that any of you may have granted.”

So to reiterate, the process originally followed by your Strata Manager was incorrect, there was no vote legally possible on anything, and as you now advise, the items discussed certainly weren’t innocuous. 

The problem is that whatever numbers of owners are present in person or by proxy at the reconvened Meeting will automatically comprise a quorum, so you and as many owners as you can organise must attend that Meeting; I just hope it’s not too late!

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