For a sectional title scheme with 24 owners like ours, the quorum requirements for an AGM are:
At least 7 owners must be present or represented (in person or by proxy).
Here’s how it works:
First attempt at the meeting:
- You need persons entitled to exercise at least 25% (1/4) of the votes
- In a 24-unit scheme, this typically means at least 6 owners if votes are equal
- However, the standard practice is that you need owners holding at least 1/4 of the total quota in value
If quorum is not reached:
- The meeting must be adjourned to a date at least 14 days but not more than 30 days later
- Notice of the adjourned meeting must be given to all owners
At the adjourned meeting:
- The members present at the adjourned meeting constitute a quorum, regardless of the number (even if it’s just 1 or 2 owners)
Important points:
- Owners can attend in person or send a proxy
- Co-owners of a single unit count as one owner for quorum purposes
- The quorum must be maintained throughout the meeting
For a trustee meeting in a sectional title scheme with 5 trustees, the quorum is:
At least 3 trustees must be present.
According to the Sectional Titles Schemes Management Act (STSMA), the quorum for a trustees meeting is:
- 50% + 1 of the trustees (a simple majority of the total number of trustees)
So with 5 trustees:
- 50% = 2.5 trustees
- Rounded up = 3 trustees minimum
Important notes:
- The quorum must be maintained throughout the meeting
- If a quorum is not present, the meeting cannot proceed and must be rescheduled
- Decisions at the trustee meeting typically require a majority vote of those present
For voting at the trustee meeting:
- Each trustee has one vote
- Decisions are usually made by simple majority of trustees present (so with 3 present, you’d need at least 2 votes to pass a resolution)
Your scheme’s management rules may specify additional details, but they cannot reduce the quorum requirement below what the STSMA requires.