#49566
Jimmy-T
Keymaster

    You call the meeting by the normal means.

    If the meeting is inquorate (not enough in attendance or there by virtue of proxies) the chair waits for half an hour and declares the meeting quorate under various provisions in Schedule 1 of the Act.

    Eg, Section 12 (4): Chairperson may be only person present

    A meeting is, subject to the provisions of this Schedule relating to the quorum, validly held even though the only person present at the meeting is the chairperson of the owners corporation.

    Section 17 (4): Procedure if no quorum

    If no quorum is present within the next half-hour after the relevant motion or business arises for consideration at the meeting, the chairperson must—

    (a)  adjourn the meeting for at least 7 days, or

    (b)  declare that the persons present either personally or by duly appointed proxy and who are entitled to vote on the motion or election constitute a quorum for considering that motion or business and any subsequent motion or business at the meeting.

    In short, the chair waits half an hour then declares the meeting quorate.  Votes on the sole non-procedural item on the agenda – allowing electronic voting – and moves on.

    I think it’s really important for any scheme that goes down this path to make it a clean vote, only on invoking Section 28 of Schedule 1 of the Act, allowing electronic participation and voting under Section 14 and Section 15 of the Regulations.
    Obviously, the potential for one-person general meetings to be biased and undemocratic is huge, and would probably successfully be challenged at NCAT under any other circumstances.
    But pushing through a procedural vote to make it easier for people to participate and vote under the current restrictions would be unlikely to be overturned provided all the correct processes had been followed, including explaining to owners what as happening and why.
    The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.