Quorum at Meetings
Maintaining quorum during an Annual General Meeting (AGM) or Board meeting in Alberta condominium corporations is essential to ensure decisions are legally valid, representative, and enforceable. Quorum requirements are outlined in Robert’s Rules of Order, the Alberta Condominium Property Act and its Regulations, and general parliamentary procedures. Here’s a detailed breakdown:
Definition of Quorum
- Quorum is the minimum number of participants required to conduct official business at a meeting.
- It ensures that decisions represent a sufficient proportion of the membership or board, avoiding unilateral actions by a small group.
Alberta Condominium Property Act & Regulations
Under the Alberta Condominium Property Act:
AGMs:
- The Act does not set a specific quorum for AGMs but typically defers to the condominium corporation’s bylaws, which must outline quorum requirements.
- Most bylaws set quorum as a percentage of unit factors (ownership shares in the condominium) or the number of eligible voters present or represented by proxy.
If quorum is not met, the meeting cannot proceed, except for procedural matters such as rescheduling.
Board Meetings:
- Quorum for board meetings is also typically set out in the bylaws. Without quorum, the board cannot pass resolutions or make binding decisions.
Proxies:
- Proxies count toward quorum, allowing absent members to be represented.
Robert’s Rules of Order
Robert’s Rules provides general principles for maintaining quorum in meetings:
AGMs:
- Quorum must be established at the start of the meeting and maintained throughout to conduct business.
- If quorum is lost (e.g., attendees leave), only limited actions can be taken, such as adjourning the meeting or scheduling a new one.
Board Meetings:
- Business cannot proceed unless quorum is present.
- Decisions made without quorum are invalid and may be challenged.
Parliamentary Procedures
Parliamentary procedures are rules designed to facilitate orderly and fair meetings. Regarding quorum:
Establishing Quorum:
- Quorum is confirmed at the beginning of the meeting by a roll call or sign-in process.
Maintaining Quorum:
- If members leave and quorum is lost, the chairperson must halt substantive business.
Impact on Voting:
- A lack of quorum invalidates voting on motions, budgets, elections, or bylaw amendments.
Practical Importance of Quorum
Legitimacy of Decisions:
- Without quorum, decisions may lack legal standing and could be overturned in court.
Inclusivity:
- Ensures decisions reflect a broader consensus among stakeholders.
Compliance:
- Failing to meet quorum requirements could violate bylaws or legislative requirements, exposing the condominium corporation to legal risks.
Efficiency:
- Quorum minimizes repeated attempts to hold meetings by encouraging participation.
Tips for Ensuring Quorum
Encourage Proxy Voting:
- Make it easy for members to assign proxies if they cannot attend.
Effective Notice:
- Provide clear and early notice of the meeting, including the importance of quorum.
Engagement:
- Foster community interest in attending meetings by addressing relevant issues and offering hybrid attendance options (where allowed).
Conclusion
In Alberta condominium governance, maintaining quorum is vital for upholding legal, procedural, and ethical standards. Adhering to the Alberta Condominium Property Act, the condominium bylaws, and principles from Robert’s Rules of Order ensures that AGMs and board meetings operate effectively, fairly, and within the law.