riki48 Posted March 13, 2014 Posted March 13, 2014 Hi All Looking for guidance and opinions with regards section 37/6 condo act, '' a meeting ot the committee at least half the members must be present to constitute a quorum'' 1.At our last AGM a year ago co-owners voted for 9 committee members to be elected. 2.But only 8 co-owners were willing to stand. 3.A month later one committee member resigned leaving 7. So do we need a quorum of 5 ( as the co-owners voted for 9 ) or 4 as only 8 members were elected and to date we have 7. Riki
Delight Posted March 13, 2014 Posted March 13, 2014 Your committee size is 7 members. So 4 members required to satisfy quorum rules. Committees last for 2 years . So before that 2 year period expires the committee can expand to 9 members -the maximum size allowed. 1
riki48 Posted March 14, 2014 Author Posted March 14, 2014 Thanks for reply I also believe 4 is the correct figure. However our management are saying 5 which I dispute. Thanks Riki
ThaiEddie Posted March 14, 2014 Posted March 14, 2014 A quoroum is a number required to act. This term needs to be defined in your governing bylaws. A majority may suffice or you may define it in other ways ie 80%. If the mgt is requiring 5 they are probably against whatever u want to pass. Call an order to the next meeting requesting to define the quorum.if 37/6 dosent already define it.
smutcakes Posted March 17, 2014 Posted March 17, 2014 Its fairly irrelevant how many persons were wanted to be on the Committee. I presume you have a Committee of 8, whose names are registered at the Lands Department, the LD will not care that a vote was taken and 9 people were wanted to be on the Committee. With 8 persons on the Committee a quorum would have been 5- now one has left it will be 4. However you should make sure that the person who resigned has signed a resignation letter which has been filed at the LD, otherwise technically you would still have a Committee of 8, and a quorum of 5.
smutcakes Posted March 17, 2014 Posted March 17, 2014 A quoroum is a number required to act. This term needs to be defined in your governing bylaws. A majority may suffice or you may define it in other ways ie 80%. If the mgt is requiring 5 they are probably against whatever u want to pass. Call an order to the next meeting requesting to define the quorum.if 37/6 dosent already define it. You cannot define it to a level which exceeds the levels stipulated in the Condominium Act. I.e you cannot change your regulations so that to increase Common Fee you need 75% of the total votes.
riki48 Posted March 17, 2014 Author Posted March 17, 2014 Its fairly irrelevant how many persons were wanted to be on the Committee. I presume you have a Committee of 8, whose names are registered at the Lands Department, the LD will not care that a vote was taken and 9 people were wanted to be on the Committee. With 8 persons on the Committee a quorum would have been 5- now one has left it will be 4. However you should make sure that the person who resigned has signed a resignation letter which has been filed at the LD, otherwise technically you would still have a Committee of 8, and a quorum of 5. With 8 committee members I believe it to be 4 members to constitute a quorum. With 7 committee members I also believe 4 members constitute a quorum. ( as you cannot have 3.5 ) The condo act states at least half the elected committee, so 7 or 8 = 4 With chairman having an extra vote if even. Or am I missing something?
smutcakes Posted March 18, 2014 Posted March 18, 2014 Its fairly irrelevant how many persons were wanted to be on the Committee. I presume you have a Committee of 8, whose names are registered at the Lands Department, the LD will not care that a vote was taken and 9 people were wanted to be on the Committee. With 8 persons on the Committee a quorum would have been 5- now one has left it will be 4. However you should make sure that the person who resigned has signed a resignation letter which has been filed at the LD, otherwise technically you would still have a Committee of 8, and a quorum of 5. With 8 committee members I believe it to be 4 members to constitute a quorum. With 7 committee members I also believe 4 members constitute a quorum. ( as you cannot have 3.5 ) The condo act states at least half the elected committee, so 7 or 8 = 4 With chairman having an extra vote if even. Or am I missing something? A quorum potentially, but no majority to approve business.
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