June 12, 2020 at 5:06 pm #230867mcMember
If we have a matter that is to be decided partly by pre-meeting voting how does the amendment of motions work?
If we have 20 people who vote by email before the meeting and 10 who attend to vote in in person what is the number of people required to approve a valid amendment to a motion?
Is it more than half of total attendees (ie. 16+ people; and therefore no motion can be amended because only 10 attend in person). Or is more than half of only those that attend in person (6+ people)?
Thanks as usual.June 15, 2020 at 2:49 pm #231158ts1904Expert
Clause 14(4) talks about the need for the notice of meeting to include a statement that the votes cast by pre-meeting voting may have no effect if the motion is amended at the meeting.
In this scenario, you would base the outcome on the votes cast at the meeting, so if all 10 of the attendees vote, 6 of them must vote in favour of the amendment for it to take effect. If it does, the pre-meeting votes no longer count. That is the downside to pre-meeting voting and why the notice includes a statement to warn people of that.
The reason for this is that the 20x votes before the meeting were on the motion, not on the amendment. Those 20x people can’t know what the amendment will be without going to the meeting, so they can’t vote on it (unless they attend in person to do so).June 15, 2020 at 6:11 pm #231200Amanda FarmerExpert
+1 to ts1904June 16, 2020 at 12:46 pm #231256mcMember
Thank you both 🙂 I have a further question:
In the example above if the 10 people present in person do not of themselves constitute a quorum – do we need to state in the minutes that the chair elected to wait 30 minutes before voting on the motion to amend?June 18, 2020 at 9:48 am #231359ts1904Expert
Yes I usually state something like:
As a quorum was not present at TIME, the attendees resolved that the Chairperson, pursuant to Schedule 1, Part 3, Clause 17(4)(b) of the Strata Schemes Management Act 2015 (NSW), declare that the persons present either personally or by duly appointed proxy and who are entitled to vote on the motions set out below, constitute a quorum for considering those motions.
Now I know it is the chairperson who can decide to determine a quorum, but I like to note that it was the attendees who agreed to it as well just in the interests of democracy!June 18, 2020 at 11:40 am #231369mcMember
Thanks so much, thats really helpful.June 18, 2020 at 8:51 pm #231460Amanda FarmerExpert
I have a different view of the quorum calculation:
(3) A person who has voted, or intends to vote, on a motion or at an election at a meeting by a permitted means other than a vote in person is taken to be present for the purposes of determining whether there is a quorum.
With that in mind, I have always thought that those who send in a pre-meeting vote are counted towards the quorum. Where am I going wrong?
Amanda.June 19, 2020 at 10:40 am #231475mcMember
I am asking about having a quorum for voting on the specific motion to amend the original motion. As this motion only arises at the actual meeting I would have thought that the pre-meeting voters should not be included as part of the quorum for voting on whether to amend the motion?
It is a real minefield when a few people attending in person can amend a motion that has been approved/disapproved by a large percentage of owners in pre-meeting votes.
Happy to be corrected if I have misunderstood anything.June 22, 2020 at 7:43 pm #231565Amanda FarmerExpert
Ah, sorry mc. I’ve caught up now.
Yes indeed, I agree with you and ts1904: you’d need a quorum based on those present if you wanted to pass a motion to amend.
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