This week we share a Q&A from Paddocks Club re: the nominating and voting of trustees.
PADDOCKS CLUB MEMBER QUESTION:
"We are holding our AGM on Wednesday. The present trustees except one, are willing to stand again and have been nominated. One more owner has been nominated, has been seconded and she has accepted nomination. At the AGM do we put this to the vote of all present and how many/what % have to agree? We are 30 owners/units so we must have at least 35% of owners present for a quorum?"
PADDOCKS CLUB ANSWER:
Let’s start with the quorum. PMR 19(2) provides that for a scheme with 4 or more primary sections, members entitled to vote and holding one third of the total votes in value constitute a quorum. So your scheme will need one third of the PQ values present or represented in order to form a quorum. However, PMR 19(4) states that if within 30 mins from the appointed meeting time a quorum is not present, the meeting is adjourned to the same day in the next week at the same time and if at that adjourned meeting a quorum is not present within 30 mins, the members present in person or by proxy constitute a quorum and the meeting can proceed.
As for the nomination and election of trustees – it sounds like the BC has received a number of valid nominations in advance of the AGM. At the AGM tomorrow, the members must by ordinary resolution determine the number of trustees to be elected [PMR 17(6)(j)(vii)]. If the number determined by the meeting is the same as the number of nominations received in advance of the meeting, no vote needs to take place as those nominated automatically fill the positions.
If, however, there are more nominations received than the number of trustees determined at the meeting, the election of trustees must be put to a vote. Each member is entitled to cast a vote (counted in value) for those of the candidate trustees they support. The candidates with the highest value of support, to a maximum of the number of trustees decided upon, must then be declared elected.
Lastly, if there are less nominations received in advance of the meeting than the number of trustees determined by the meeting, the chairperson must call for further nominations from the floor with the consent of the additional nominees. Then, again, if the number of nominees is equal to the number of trustees determined by the meeting – no vote needs to take place. But if there are more nominees than the number determined, the election of trustees must be put to a vote.
I hope that helps. Shout if you have any further questions.
