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How do I request a quorum?

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jamesflick
How do I request a quorum?

Qualified quorum in the condominium: when is it necessary?

Although every condominium has a representative, he is not the one who makes all the decisions. Most condominium decisions need to be voted on to be validated, and some of them require a larger number of participants than the simple majority, the so-called qualified quorum in the condominium.

To find out in what situations this quorum is needed, check out this post. Good reading!

What is a qualified quorum in the condominium?

Most condominium decisions require at least a simple majority quorum and the approval of more than half of those present. Among these decisions, it is possible to highlight the approval of accounts and the performance of essential works of higher cost. These situations are normally provided for in the condominium agreement.

Already qualified quorum requires the presence of at least two-thirds of all residents to start a vote. In addition, for the approval of the agenda in question, the same two-thirds of all residents are needed, and not only those present.

Which decisions need a qualified quorum?

To better understand which decisions need this special quorum, a good idea is to consult the condominium convention. Generally, the main decisions that need a qualified quorum are to change the condominium convention and to carry out some types of works.

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Article 1341 of the Civil Code states that only voluptuous works, that is, superfluous, intended for leisure or purely aesthetic, such as the construction of swimming pools or gardens, need a qualified quorum. The works for maintenance and conservation of common areas need a simple majority.

However, it is important to know how to differentiate between voluptuous works and essential works. If you do not have this explicit difference in the convention, you must consult a qualified professional. In addition, article 1342 establishes that works for the expansion of these common areas, in order to facilitate their use, also need the approval of two thirds.

First, you need to check the reason for the vote and whether a simple or qualified quorum is required. If you need two thirds, be careful when doing the math, because if the number is not accurate, you must always round up. For example, in a condominium with 100 units, while the simple quorum would be 51, the qualified one is 67 voters.

In addition, defaulting tenants must not enter quorum accounting because they are not entitled to vote, even though they may attend the meeting. Then, considering the previous example, if the 100-unit condominium has 10 defaulters, the qualified quorum becomes 60.

The figure of the liquidator or the condominium administrator does not exclude the obligation to consult the other units for decision-making, and it is necessary to verify the need for a qualified quorum in the condominium. For this, it is important to always consult the convention of the condominium to answer questions and avoid major problems. But in general, voluptuous works and changes to the convention are the main activities that need the approval of two-thirds of voters.

Source: Tajarat.com.pk

 

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