#29069
Jimmy-T
Keymaster
Chat-starter

    @twosailram said:
    Re point 1 of suggested NSW rules, I don’t understand what is meant by Acting or proxy. The previous Act provided for, subject to EC approval, for substitute EC members. Clause 10 (1) schedule 2 I think covers the same substitution whilst being more general in how the committee determines the substitution is enacted. The definition of ‘Person Present’ specifically refers to Clause 10 Schedule 2 of the Act, which counts such a substitution as being present for quorum purposes.
    Can you please clarify if this is so.
    Thanks  

    Clause 10 (1) of Schedule 2 says this:

    A vote at a meeting by a person entitled to vote must be cast in person unless the strata committee, by resolution, determines that a vote may be cast by some other specified means.

    Section 12 refers to members who are present by other means (e.g by phone or Skype) not people who are represented by other members.

    To make any decision, the committee must first have a quorum, if they don’t have a quorum, they can’t make the decision to allow a person to vote “by other means”

    Section 14 of the Regulations refers to “voting by other means’ which is basically by phone or electronically: https://www8.austlii.edu.au/cgi-bin/viewdoc/au/legis/nsw/consol_reg/ssmr2016333/s14.html

    So let me lay this out simply:

    The committee can’t take a vote unless there is a quorum present.

    Members who are intending to vote electronically or by phone can be counted towards the quorum.

    Members who are not actively participating and just want to give their votes to others can’t be counted towards the quorum. 

    It’s all about active participation.

    Section 12 (3) refers to ‘permitted means other than a vote in person’ and it’s quite clear that refers to someone who is on the other end of a phone line or a computer connection and intends to vote.  

     

    12 QUORUM

     

    (1) Quorum required for motion
    A motion submitted at a meeting of a strata committee must not be considered unless there is a quorum present to consider and vote on the motion.

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

    (a) in the case of a strata committee which has only one member, if the member is present,

    (b) in any other case, if not less than one-half of the persons entitled to vote on the motion are present.

    (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) The quorum for meetings of a strata committee is to be calculated on the basis of the number of members last determined by the owners corporation for the committee.

    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.