Quorum requirements for general meeting

Our Managing Agent said that in order to start with our AGM we need a quorum of 33% of the owners in number and in PQ present at the meeting. What does the STSM Act say about this?

Short answer – I think your Managing Agent is a bit confused!

If you look at the STSM Act then you will see that the quorum requirements will depend on the agenda of the meeting.

If it is a normal AGM / SGM with no unanimous resolutions then the quorum requirement is as follows: (so this counts for ordinary and special resolutions)

PMR 19 (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.

So, for a meeting where there is an ordinary or special resolution on the agenda the quorum requirement is just a percentage of owners calculated in value (participation quota)

It is only for a unanimous resolution that the quorum requirements differ.  Let’s look at the wording of the STSM Act:

Section 1 – Definitions  “unanimous resolution” means a resolution—
  • passed unanimously by all the members of the body corporate at a meeting at which—
  • at least 80% calculated both in value and in number, of the votes of all the members of a body corporate are present or represented; and
  • all the members who cast their votes do so in favour of the resolution; or
  • agreed to in writing by all the members of the body corporate.

So, where there is a unanimous resolution on the agenda you need 80% of the owners in number (members) and in value (participation quotas) to be present at the meeting.