riki48 Posted March 13, 2014 Share 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 Link to comment Share on other sites More sharing options...
Delight Posted March 13, 2014 Share 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 Link to comment Share on other sites More sharing options...
riki48 Posted March 14, 2014 Author Share 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 Link to comment Share on other sites More sharing options...
akentryan Posted March 14, 2014 Share Posted March 14, 2014 (edited) Two quores but of different sexes Edited March 14, 2014 by akentryan Link to comment Share on other sites More sharing options...
ThaiEddie Posted March 14, 2014 Share 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. Link to comment Share on other sites More sharing options...
smutcakes Posted March 17, 2014 Share 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. Link to comment Share on other sites More sharing options...
smutcakes Posted March 17, 2014 Share 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. Link to comment Share on other sites More sharing options...
riki48 Posted March 17, 2014 Author Share 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? Link to comment Share on other sites More sharing options...
smutcakes Posted March 18, 2014 Share 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. Link to comment Share on other sites More sharing options...
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