SECTIONAL TITLE SCHEME MANAGER  Paddocks’ industry-leading Sectional Title Scheme Manager course, covers the knowledge and skills needed to manage sectional title schemes     EARLY BIRD, SAVE R3000

HOA SCHEME MANAGER  Learn about managing NPC homeowners’ associations under the Companies Act, as well as common-law HOAs.     EARLY BIRD, SAVE R2300

START & MANAGE YOUR OWN MANAGING AGENCY   Covers key areas, including the legal environment, business planning, finances, people management, marketing and growth.   EARLY BIRD, SAVE R1150

Graham Paddock was a UCT adjunct professor and the government’s lead legal consultant on Sectional Titles and Community Schemes legislation. Graham has authored numerous books on Community Schemes.

Jennifer Paddock (LLB UCT, LLB UNE) is a Director at Paddocks and a dual qualified lawyer and specialist community scheme attorney with experience working as a strata title managing agent.

NEED AN ANSWER FAST?

Paddocks Club members can ask questions online, with most questions answered by a lawyer within 24 hours. Here is one of many we receive each month...

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.

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