By The Paddocks Club Team
Is an owner in arrears part of the quorum for either an AGM or SGM?
An owner in arrears cannot vote on any ordinary resolution, but can always vote on a special or unanimous resolution, whether this is in the context of a SGM, the AGM or by the round robin procedure.
A quorum is calculated only on the basis of those who can vote, so where some owners are in arrears a meeting may have a quorum for any special or unanimous resolution on the agenda, but not for any ordinary resolutions.
There is a loose standing house forming part of the body corporate. The owner pays his own electricity, maintains the house and his garden. Can he ask the trustees for a reduction in his monthly levy?
Is this the only free-standing house in the scheme, or are there others in the same position and who do their own maintenance and pay their own electricity?
Does this owner effectively contribute to the electricity and maintenance costs in regard to other sections, as well as paying in full for his own?
It is possible to make special scheme rules under S32(4) of the Act to ring-fence the expenses relating to this dwelling, but the scheme would have to approve these rules by special resolution.
Article reference: Paddocks Press: Volume 8, Issue 11, Page 4
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