Quorums (QLD)

As the caretaking service contractor, I own a lot in my company name and a lot in my own name. I am also the representative for my son’s lot but he owes levies to the body corporate. If I go to the meeting, am I considered to have three votes when determining the quorum for a general meeting?

The quorum for general meeting provisions in the regulations require at least 25 per cent of the number of ‘voters’ to be ‘present’ for the meeting. The term ‘voter’ is critical to establish a quorum; it differs to being an ‘owner’.

The term ‘voter’ is defined in the regulations as an individual whose name is entered on the body corporate’s roll (as the lot owner or the representative); an individual who is the nominee of a corporation whose name is entered on the body corporate’s roll; or an individual who is a corporate owner nominee. It is not simply a matter of finding 25 per cent of the number of lots on the scheme and ensure they are present.

In Sierra Grand [2015] QBCCMCmr 447, the adjudicator dealt with all these issues and many more surrounding the quorum provisions. In short, when looking at a non-financial owner, the adjudicator stated at paragraph 25: 

• “Following this approach, any voters who were disqualified from voting on the basis that they owed a body corporate debt would still be counted when determining the number required to constitute a quorum.”

In regards to a person (an individual) whose name is entered more than once on the body corporate roll i.e. as the company nominee for one lot and the representative of another lot, the adjudicator stated at paragraph 41:

• “Secondly, the body corporate argues that Mario Braganza should only be counted as 1 voter for the AGM as he is listed on the body corporate role as both the owner of lot 1502 and the company nominee for lot 1402.[1] Given that Mr Braganza is listed as representing both lots, I am satisfied that he should only be considered as 1 voter, instead of 2, for the AGM.”

This order looks at many issues surrounding who forms a quorum for a general meeting and I encourage everyone involved in conducting or attending general meetings to read the full order and statement of reasons. This is published on the Australasian Legal Information Institute website, http://www.austlii.edu.au/.

For further information and for general queries about the body corporate legislation, please contact the Information Service on Freecall 1800 060 119, email bccm@justice.qld.gov.au or visit our website www.qld.gov.au/bodycorporate.

[1] Lot 1402 is owned by Cambra Pty Ltd ATF Cambra Pty Ltd Super Fund.

This article was contributed by Chris Irons, Commissioner for Body Corporate and Community Management.