#28401
Jimmy-T
Keymaster

    @Arthur Baker said:
    Surely if the pensioner couple are the only ones to turn up to an AGM, there wouldn’t be a quorum, so they wouldn’t be able to conduct any business at all?  

    Oh Arthur, mate, you are so-o-o-o last year.

    Under the new strata laws (Schedule 1,[17] below), if there is no quorum at the appointed time of a meeting, after 30 minutes have passed provided the chairperson is there, he or she can declare those in attendance either in person or by proxy to be quorate.

    17 QUORUM

     (1) Quorum required for motion or election A motion submitted at a meeting must not be considered, and an election must not be held at a meeting, unless there is a quorum present to consider and vote on the motion or on the election.

    (2) When quorum exists A quorum is present at a meeting only in the following circumstances:

    (a) if not less than one-quarter of the persons entitled to vote on the motion or election are present either personally or by duly appointed proxy,

    (b) if not less than one-quarter of the aggregate unit entitlement of the strata scheme is represented by the persons who are present either personally or by duly appointed proxy and who are entitled to vote on the motion or election,

    (c) if there are 2 persons who are present either personally or by duly appointed proxy and who are entitled to vote on the motion or election, in a case where there is more than one owner in the strata scheme and the quorum otherwise calculated under this subclause would be less than 2 persons.

    (3) A person who has voted, or intends to vote, on a motion or at an election at a meeting by a permitted means other than a vote in person is taken to be present for the purposes of determining whether there is a quorum.

    (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.

    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.