› Flat Chat Strata Forum › Proxies – blind faith or good sense? › Can I submit a new proxy form form for an adjourned general meeting? › Current Page
wombat said:
It seems to me that the combination of the notion of an unfinancial member not being able to form part of the quorum and the notion that the owner cannot rectify their finances during the adjournment period is contradictory and unjust.
The adjournment is necessary to move towards having the meeting that has loosened the quorum conditions.It seems to me that the purpose of the adjournment is lost when the manager says nothing can change during the adjournment period.
It sounds like you have yourself a classic 'Catch-22' there but the law does provide a circuit breaker.
12 Quorum
(4) If a quorum … is not present within the next half-hour after the relevant motion or business arises for consideration at the meeting, the meeting stands adjourned for at least 7 days.
(5) If a quorum … is not present within the next half-hour after the time fixed for the adjourned meeting, the persons present personally or by duly appointed proxy and entitled to vote constitute a quorum for considering that motion or business.
In other words, turn up for the next meeting, your neighbour's vote will once again be ruled invalid wait half an hour and then you get to vote all on your own on the matters on that agenda. It sounds like red tape gone mad but if you've ever been on the end of a nit-picking legal argument about how a decision that was made never should have been made, you'll see why the strata manager has followed the rules to the letter.