question
At our recent AGM for a community association, an owner of several lots attended, but the other owner, who only owns one lot, did not. Does a quorum exist in this scenario?
answer
If the Act’s requirements are met, quorum is constituted.
The requirements for quorum at general meetings/AGMs of an Association are set out in Schedule 1, Clause 16 of the Community Land Management Act 2021 (NSW), as extracted below, so, if those requirements are met, quorum is constituted:
16 QUORUM
- 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.
- When quorum exists A quorum is present at a meeting only in the following circumstances--
- if not less than one-quarter of the members of the association entitled to vote on the motion or election are present either personally or by duly appointed proxy,
- if not less than one-quarter of the total unit entitlement of the 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,
- 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 1 member of the association and the quorum otherwise calculated under this subclause would be fewer than 2 persons.
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