Strata committee meetings with no attendance.

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  • 05/12/2019 at 1:59 pm #45800
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      When a SCM is convened by the SM (using deligated powers) with no attendance required and a voting paper attached to the meeting notice, how is a quorum reached?

      For example, if only 2 voting papers are received and there are 7 members can the motions be resolved from just 2 voting forms?

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    • 05/12/2019 at 2:06 pm #45813
      Jimmy-T
      Keymaster

        I don’t know if anyone has ever examined this in any great detail.  There’s a massive flaw in electronic meetings, in that ordinary owners obviously can’t “attend” yet the law says they should be allowed to attend strata committee meetings.  I assume (danger, danger!) that there could be retrospectivity in this, in so far as decisions taken at a virtual meeting of the committee where only two members voted (suggesting a lack of quorum) could be challenged at Fair Trading and/or NCAT.

        This is something that could and should be sorted out in the regulations.

        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.
        05/12/2019 at 3:20 pm #45829
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          I had thought that the strata committee must  resolve to allow for the meeting format under schedule 2 that states
          <h4>10 Manner of voting</h4>

          (1) 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.

          So without that resolution (which I assume is a seperate motion to allow for a vote form to be used), would that mean the meeting is potentially invalid or I am not understanding this wording correctly?

          05/12/2019 at 3:31 pm #45868
          Jimmy-T
          Keymaster

            So what?  Why would you assume the proper procedures hadn’t been followed at an earlier date?  You said yourself that a form had gone out. Arguing for its own sake, and finding every possible complication in otherwise simple matters, is not what this Forum is about.

            Enough!

            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.
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