Question: We have 7 members of council. At a recent AGM, only 3 members attended with proxies to make up quorum. I am concerned about the lack of governance with limited numbers making decisions.
At our AGM, it was voted to have 7 members of council. My understanding is that we then need a quorum of 4. At the last council meeting, only three council members were present in person but they all had proxies of the other members to make up a quorum. Can they do this?
My issue is that only 3 council members were present in person and making decisions. I am concerned about the lack of governance as we have a major project happening in our building.
Answer: Quorum can be achieved by representation (in person or by proxy) of four members of their Council, even if only three members physically attend.
Your correspondent is correct. Quorum can be achieved by representation (in person or by proxy) of four members of their Council, even if only three members physically attend, providing that at least one of the physical attendees holds a written proxy from another absent Council member.
In relation to governance, it should be noted that any Council decisions are still subject to restrictions that may have been defined under the provisions of the Strata Titles Act 1985 Schedule 1 By-law 4 (1), as well as all other parts of the Act.
The relevant sections of the Strata Titles Act 1985 that apply to this scenario are the rest of Schedule 1 By-law 4; and Schedule 1 By-law 8.
Andrew Chambers Chambers Franklyn Strata Management E: andrew@chambersfranklyn.com.au P: 08 9440 6222