Q&A – 2020 08

By the Paddocks Club team

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

Can an owner nominate himself to the office of trustee at an Annual General Meeting?

Member’s question:

Good day Paddocks,

Can an owner nominate himself as a Trustee at the AGM?

Regards

Graham’s answer:

Dear member,

Yes, he can.

The term ‘any person’ in PMR 7(1) means an owner can, in writing, nominate him/herself or any other person either:

  1. before the AGM – in accordance with the requirement of PMR 7(2) or
  2. at the AGM, in accordance with PMR 7(3) – if there are fewer prior nominations than trustee positions.

Regards,
Graham

What happens if voting is deadlocked an a Special General Meeting?

Member’s question:

Good day Paddocks,

What happens if there are an even number of owners for and against a proposal at a Special General Meeting where voting is in number as there is a Special Resolution being proposed?

Thank you.

Graham’s answer:

Dear member,

The voting for a special resolution is not only in number, it is in number and value. See the definition of a special resolution in section 1 of the Sectional Titles Schemes Management Act.

If there there are not at least:

  • 75% of the votes cast, counted in value and
  • 75% of the votes cast, counted in number

in favour of the resolution, it fails.

Graham


Article reference: Paddocks Press: Volume 15, Issue 08.

Graham Paddock is 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.

Back to Paddocks Press – August 2020 Edition.

Source: https://www.paddocks.co.za/paddocks-press-newsletter/qa-2020-08/

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