We had an AGM last week and we had a quorum at the beginning of the meeting, they were voting on conduct rules, and owners completed the voting ballots and then just left the meeting. The issue I have is that there was no quorum throughout the entire meeting as owners left in bulk throughout the meeting so for example some owners walked in, signed the attendance register, took the voting ballot, voted, and left. Am I correct in saying you must maintain a quorum throughout the meeting to ensure the meeting is valid?
In terms of the STSM Act, the following applies:
PMR 19
- (1) Business must not be transacted at any general meeting unless a quorum is present or represented.
(2) A quorum for a general meeting is constituted—
- for a scheme with less than 4 primary sections or a body corporate with less than four members, by members entitled to vote and holding two thirds of the total votes of members in value;
- for any other scheme, by members entitled to vote and holding one third of the total votes of members in value,
provided that at least two persons must be present unless all the sections in the scheme are
registered in the name of one person, and provided further that in calculating the value of votes
required to constitute a quorum, the value of votes of the developer must not be taken into account.
(4) If within 30 minutes from the time appointed for a general meeting a quorum is not present, the meeting stands adjourned to the same day in the next week at the same place and time; provided that if on the day to which the meeting is adjourned a quorum as described in sub-rule (2) is not present within 30 minutes from the time appointed for the meeting, the members entitled to vote and present in person or by proxy constitute a quorum.
It is important that the quorum needs to be checked not just at the start of the meeting but also before every voting item/resolution. You need the quorum to be present before you can vote – for instance, if there is a unanimous resolution on the agenda and at the time of voting on this you do not have the necessary 80% (in number and value) quorum you cannot vote on that matter.