06/09/2019 at 1:53 pm #41858
Am I correct to think that:
a) there is no legal provision for proxies to be given to SC members to be used at a SC meeting;
b) there is provision for appointment of acting members to the SC, which can include existing SC members;
c) even if an existing SC member has an appointment as an acting member, that cannot be used to make up the numbers to form a quorum for an SC meeting?
For example, if the number of SC members was approved to be nine at the last AGM and only four were present at a meeting would there be a quorum if three of those in attendance had acting member appointments from absent members?
06/09/2019 at 2:03 pm #41865
- This topic was modified 1 week, 5 days ago by Jimmy-T.
To answer your questions:
a) and b) Proxies are not used at strata committee meetings. Instead, with the approval of the committee, another owner – including someone who is already on the committee – can speak and vote as an acting member. Same-same but different.
c) Acting members can’t be used to make up the quorum as their status has to be approved by the committee and the quorum has to be established before the committee can vote.
In the scenario you describe, the meeting would be invalid, as would any decisions taken at it (or at least they’d be subject to challenge).06/09/2019 at 2:26 pm #41870
I am confident that JT would be correct about conduct of SC meetings in NSW. However, why do you ask the question? If a decision on a matter is finely balanced, it would be poor form for a subset of committee members to hold a meeting and decide one way when some members were unable to attend and they had made it known that their view was the other way. Even if legal requirements were observed for proper notice of the meeting and there was sufficient attendance for a quorum, the decision would be liable to being reversed next time the full membership of the committee could meet. If the decision had been acted on and could not be reversed, it would sour relationships.
On the other hand, if the purpose of the meeting was to decide an uncontroversial matter in which all were agreed, I think you could just discuss by email or other means to make the decision ‘out of session’ and record the result in the minutes of the next formal meeting.14/09/2019 at 2:27 pm #42145
Just so I am clear, if a SC has 7 elected members, 1 member decides to go on holidays for a couple of months, the member apparently did not have enough confidence in remaining 6 members to nominate one of them to vote on their behalf so notified SM and other SC members that they were appointing another Owner as their proxy. From previous responses if I understand correctly this is allowable. I am however unclear if the appointed proxy is only to join in and speak for/against/vote on any agenda matter at a meeting or do they assume the full duties of the holidaying members eg: obtain quotes/engage trades/instruct SM etc. Thank you in advance for any assistance.