By the Paddocks Club team

Below are examples of two questions on the Paddocks Club discussion forum. We want to show you what is available to our Community members!

No AGM quorum achieved

Member’s question:

Good Day,

If on the day of the meeting the trustees are aware that a quorum has not been achieved can the trustees opt to resend a 14 day notice for the annual general meeting to take place 14 days after this date or must the meeting reconvene the same day the next week and those present represent a quorum.

Anton’s answer:

Hi there,

The automatic adjournment due to lack of quorum applies.

However, the chairperson can adjourn the second meeting and a fresh annual general meeting notice can be sent out if the chairperson believes that is his fiduciary duty and in the best interests of the body corporate

Insurance excess

Member’s question:

Good day,

If a block had a burglary which affected two units and one claim was logged for both units.

The repairs involved doors being replaced and guarding service for whilst the complex was vulnerable.

Who is liable for the excess should it be split between the owners equally or should it be split between the Body Corporate 50% and the owners 50% split between the two owners.

Anton’s answer:


Prescribed management rule 23(2)(b) requires owners to pay the excess for claims for any property they are responsible to repair and maintain.

The excess that applies to the replacement of the doors, if they are doors in the boundary walls of the sections, must be shared between the body corporate and owners concerned because the median line passes through the centre of the doors, so dividing the responsibility for maintenance and repair between the owner and the body corporate.

The excess amount that applies to the guards is the body corporate’s responsibility.

Article reference: Paddocks Press: Volume 12, Issue 09, Page 04.

Professor Graham Paddock, Anton Kelly, Dr Carryn Melissa Durham and Zerlinda van der Merwe are available to answer questions on the Paddocks Club discussion forum for Community members. Get all your questions answered by joining Paddocks Club.

This article is published under the Creative Commons Attribution license.

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