Getting Quorum, and What to Do When You Can't

You've sent the notice, booked the room, prepared the budget, and turned up on the night — and three owners are there out of eight. Can you still pass the levies? Elect the committee? Do anything at all? For a small self-managed scheme, the empty-room problem is not a rare edge case; it's most AGMs. Quorum is the rule that decides whether a meeting can make binding decisions, and a decision made without it can be challenged and unwound later — after you've struck the levies and spent the money. This guide covers how quorum is calculated, how proxies help you reach it, and exactly what to do when the room is still too empty.

What quorum actually is

Quorum is the minimum number of owners who must be participating for a general meeting to make valid decisions. It's a headcount threshold, set by legislation, that has to be met before the meeting can lawfully do business. Below quorum, the meeting can still gather and talk — but it can't validly resolve anything.

The point of the rule is protection: it stops a tiny handful of owners binding the whole scheme to levies, by-laws and spending that most owners knew nothing about. That protection is exactly why it can't simply be waived because turnout was poor.

Why it matters to you

• No quorum, no valid decisions. Levies struck, committees elected, and money approved at an inquorate meeting can be challenged and set aside. Everything that flows from those decisions is then on shaky ground.
• It's the first thing to confirm, and to minute. Establishing quorum is the opening item of business at a general meeting. The minutes must record that quorum was present before anything was decided — see writing minutes that hold up.
• Small schemes miss it constantly. In a scheme of six or eight lots, one or two absences can tip you under. Knowing the fallback rules in advance is what stops a failed AGM from stalling the scheme for weeks.
• Levies in arrears can silently disqualify an owner. In several states an owner who owes money can't be counted toward quorum or vote — so a scheme with overdue levies can be inquorate even with bodies in the room.

How quorum is calculated

The headline rule is broadly consistent across Australia: quorum is a proportion of the total lots or of the owners entitled to vote — commonly around a quarter — with owners present in person and by proxy both counting. The details differ by state: the exact fraction, whether it's measured by lot number or by unit entitlement, how proxies are counted, and whether unfinancial owners count at all.

A few principles hold almost everywhere:

• Proxies count toward quorum. An owner who can't attend but appoints a proxy is still "present" for the headcount. This is the single most useful lever a self-managed scheme has for reaching quorum.
• You measure quorum at the start. Quorum is established before business begins. Most schemes don't require it to be re-counted for every motion, though people leaving mid-meeting can raise a genuine question if someone asks.
• Unfinancial owners may not count. In several jurisdictions an owner in arrears on levies is not entitled to vote and is not counted toward quorum. Chasing arrears before the AGM is therefore partly about protecting quorum — see chasing overdue levies fairly.
• One vote per lot, generally. For quorum and ordinary votes, each lot usually carries one vote regardless of how many people own it; jointly owned lots nominate who exercises it.

The other states and territories — South Australia, Tasmania, the ACT and the Northern Territory — follow the same shape: a proportion of owners entitled to vote, present in person or by proxy, with an adjournment-and-reconvene fallback when quorum fails. The fractions and waiting periods differ, so confirm the figures in your scheme's Act before the meeting.

How proxies work

A proxy is a written authority from an owner appointing someone else to attend and vote on their behalf. For a self-managed scheme where owners live interstate, travel, or simply won't turn up, proxies are the practical difference between a valid AGM and a wasted one.

The essentials

• A proxy must be in writing. Most states prescribe a form (or the notice of meeting includes one). It names the owner, the person appointed, and usually the meeting it applies to.
• It must be lodged in time. Proxy forms typically have to reach the secretary a set period before the meeting — often 24 hours beforehand. A proxy that arrives late is generally invalid, so say so plainly in the notice.
• A proxy can be directed or general. The owner can instruct the proxy how to vote on specific motions (a directed proxy), or leave it to the proxy's discretion (a general proxy). A directed proxy must be voted as instructed.
• The proxy counts toward quorum. This is the lever. An owner who appoints a proxy is counted as present, so gathering proxies before the meeting is how small schemes reach quorum.

The limits that catch people out

Proxies are constrained precisely because a scheme could otherwise be captured by whoever collects the most forms:

• Proxy caps. Several states limit how many proxies one person can hold — often tied to scheme size (for example, roughly one proxy per person in very small schemes, or a percentage of lots in larger ones). One owner cannot usually turn up holding half the scheme's votes.
• Conflict and restriction rules. Some jurisdictions restrict who may act as a proxy or how proxies count on certain motions (for instance, motions involving the person holding the proxy, or a strata manager).
• Duration. A proxy may be limited to a single meeting or a maximum period. Don't assume last year's form still works.

In every state, the proxy rules — form, lodgement deadline, caps and duration — are set by the legislation. Include the correct proxy form and the lodgement cut-off with the notice of meeting, and confirm the current caps for your scheme.

What to do when you can't get quorum

This is the situation small schemes actually face. The room is short, the clock has ticked past the start time, and you don't have the numbers. You do not just push on and vote anyway — that produces decisions that can be challenged. The legislation gives you a fallback, and the shape of it is consistent nationally even though the timings differ.

1. Wait the prescribed interval

Every jurisdiction builds in a short wait — commonly half an hour from the notified start — before the meeting is declared inquorate. Late arrivals and last-minute proxies can tip you over in that window. Don't declare failure early.

2. Adjourn, and reconvene

If quorum still isn't met, the meeting is adjourned to a later date — often the same time and place one week later, though the notice requirements for the reconvened meeting vary by state. This is a formal step: record the adjournment in the minutes and notify owners of the reconvened meeting as your legislation requires.

3. At the reconvened meeting, a reduced number can act

The key relief: at the adjourned (reconvened) meeting, the owners who are then present generally constitute a quorum themselves, even if they're below the normal threshold. This is what stops a persistently under-attended scheme from being paralysed. The safeguards around it — how much notice the reconvened meeting needs, and whether any special protections apply — depend on the state.

The practical takeaway: a failed AGM is a delay, not a dead end. You wait, you adjourn, you reconvene — and at the second sitting the people who show up can get the business done.

Better still: prevent it

The fallback works, but it costs you a week and a second round of notices. Reaching quorum first time is almost always about proxies:

• Ask for proxies in the notice, not as an afterthought. Include the form, explain plainly that appointing a proxy still lets the owner's vote count, and give the lodgement deadline.
• Follow up the likely absentees. A short personal message to interstate or disengaged owners a week out — "if you can't make it, here's the proxy form" — is the single highest-return thing a treasurer can do before an AGM.
• Clear arrears where you can. In states where unfinancial owners don't count, chasing overdue levies before the meeting protects your quorum as well as your cash flow.

Common mistakes

1. Voting anyway when the room is short

The most damaging error. Decisions made without quorum are vulnerable to challenge, and a single aggrieved owner can unpick the whole meeting. Adjourn and reconvene instead — it's slower, but the decisions stand.

2. Forgetting proxies count toward quorum

Treating quorum as bodies-in-the-room only. Owners who lodged valid proxies are present for the count — which is often the difference between quorum and a wasted night.

3. Not chasing proxies before the meeting

Sending the notice and hoping enough people turn up. For a self-managed scheme, proxies are the mechanism that makes AGMs work; collecting them is part of preparing the meeting, not an optional extra.

4. Ignoring the arrears trap

Assuming every owner in the room counts. Where unfinancial owners are excluded, a scheme with several owners in arrears can be inquorate even with a full room — and nobody realises until a decision is challenged.

5. Botching the reconvened meeting's notice

Adjourning correctly, then failing to give the reconvened meeting the notice the legislation requires. That can make the second meeting's decisions as vulnerable as the first's. Follow the state's process for the reconvened meeting exactly.

Frequently asked questions

How many owners do we need for quorum?

It depends on your state and scheme size — commonly around a quarter of the owners entitled to vote (higher in some states, such as around half in Victoria), counting those present in person and by proxy. Check the figure in your scheme's Act before the meeting.

Do proxies count toward quorum?

Yes, almost everywhere. An owner who appoints a valid proxy is treated as present for the quorum count, which is exactly why gathering proxies is the best way for a small scheme to reach quorum.

Can we still hold the meeting if we don't have quorum?

You can gather, but you can't make binding decisions. The correct path is to wait the prescribed interval, then adjourn to a reconvened meeting — at which the owners then present can generally proceed even below the usual threshold.

How many proxies can one person hold?

Most states cap it, often scaled to the number of lots in the scheme, so no single person can dominate. Confirm the current limit for your jurisdiction before someone turns up holding a stack of forms.

Does an owner who owes levies count toward quorum?

In several states, no — an unfinancial owner is not entitled to vote and is not counted toward quorum. This is one reason to clear arrears before the AGM.

What happens at the reconvened meeting if still nobody comes?

At a properly reconvened (adjourned) meeting, the owners who are present generally form a quorum themselves, so the business can be transacted even with a small turnout — subject to your state's notice and safeguard requirements.

This guide is general information for self-managed strata schemes in Australia. It is not legal advice. Quorum thresholds, proxy limits and the adjournment/reconvene rules differ between states — always check the strata legislation that applies to your scheme.