Flat Chat Strata Forum Strata Committees quorum Current Page

#18281
Jimmy-T
Keymaster

    Not trying to be funny, honest, but somebody needs to talk me through this.

    The situation is that you have four units and one owner owns two of them, which amounts to 58 percent of the  Unit Entitlements.

    The Act says a quorum is created if:

    a) at least one-quarter of the number of persons entitled to vote … is present, either personally or by duly appointed proxy, or

    (b)  at least 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, yes, it does say that if the quorum would be less than two, as calculated as a quarter of the owners, then it would be two “persons”.  Does that mean two individuals? Every other definition talks about  the figures represented by persons who are present , including by proxy.

    If there is a definitive ruling that “person” means individual then I will concede the point.  But I know that many AGMs depend on proxies – and surely the owner of the two lots would be considered, if not as two people, as a person and a proxy. 

     
    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.