NSW: Q&A Quorum Requirements for the AGM

 

Question: Our Strata committee has 6 members. Can any 3 strata members form a quorum without communicating with the other strata members?

Our Strata committee has six members. I am told a quorum is three members.

Do the six strata members have to be notified before a meeting or decision is to be discussed or can any three strata members form a quorum without communicating with the other strata members?

Answer: Because this strata committee has 6 members (who are entitled to vote) a quorum is comprised of at least 3 of such members.

This is correct. Quorum is at least half of the members of the strata committee. Because this strata committee has 6 members (who are entitled to vote) a quorum is comprised of at least 3 of such members.

17 Quorum

1. Quorum required for motion A motion submitted at a meeting of a strata committee must not be considered unless there is a quorum present to consider and vote on the motion.
2. When quorum exists A quorum is present at a meeting only in the following circumstances:
   1. in the case of a strata committee which has only one member, if the member is present,
   2. in any other case, if not less than one-half of the persons entitled to vote on the motion are present.

Notice requirements are set out in Schedule 2 of the Strata Schemes Management Act, 2015 (NSW) and yes, ALL members must be notified of the meeting:

5 Notice of meetings for other strata schemes

1. The secretary of the owners corporation of a strata scheme that is not a large strata scheme must give notice of a meeting to each other member of the strata committee at least 3 days before the meeting and to each owner.
2. Notice is to be given by displaying the notice on the notice board maintained by the owners corporation or in accordance with section 263.

For the full question and our detailed response, visit the original publication at Look Up Strata.

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Please note that this article is provided for information purposes only and is not a substitute for professional legal advice.