Australia's #1 for Law

Join 11,000+ Australians. Ask a question, respond to a question and better understand the law today!

NSW Incorporated Association Quorum Issue

Discussion in 'Other/General Law Forum' started by TedP02, 18 March 2015.

  1. TedP02

    TedP02 Active Member

    Joined:
    10 August 2014
    Messages:
    10
    Likes Received:
    1
    Hi,
    Hoping to get some ideas on what to do when we have casual vacancies on our committee ( incorporated associations) but as a result don't have a quorum to hold a meeting to fill the positions.

    The only members we have are the committee, so we're very limited with such a small pool of members, the reason the vacancies have occurred (and the reason we can't get a quorum) is because of the obstructive behaviour of 2 members.

    thanks
     
  2. Ivy

    Ivy Well-Known Member

    Joined:
    10 February 2015
    Messages:
    498
    Likes Received:
    85
    Hi Bob,

    Does your associations Constitution have anything to say about this kind of situation? What kind of incorporated association are you? Have you considered seeking mediation as a first step?
     
    Stop hovering to collapse... Click to collapse... Hover to expand... Click to expand...
  3. TedP02

    TedP02 Active Member

    Joined:
    10 August 2014
    Messages:
    10
    Likes Received:
    1
    Our constitution says in the case of dispute we should seek mediation. We've tried that and the 2 obstructive members didn't participate.

    Our constitution states when a non-participating member ceases to be committee member, but nothing about how to hold a meeting when there is no possibility of ever having a quorum.
     
  4. TedP02

    TedP02 Active Member

    Joined:
    10 August 2014
    Messages:
    10
    Likes Received:
    1
    Not sure what type of incorporated associations there are, but we are in the non-profit sector. We have a lot of volunteers that help us, and attend meetings, but they aren't official members for voting/quorum purposes.
     
  5. Ivy

    Ivy Well-Known Member

    Joined:
    10 February 2015
    Messages:
    498
    Likes Received:
    85
    Just trying to think of options that don't involve going down the lawyer path (due to expense): what is stopping some of these volunteers from becoming members? Are there restrictions in your Constitution on membership (as opposed to Committee Membership)?
     
    Stop hovering to collapse... Click to collapse... Hover to expand... Click to expand...
  6. TedP02

    TedP02 Active Member

    Joined:
    10 August 2014
    Messages:
    10
    Likes Received:
    1
    No restrictions to new members, have a number of volunteers who would like to become members, except we can't hold a meeting to approve them. It's quite the catch 22!
     
  7. Ivy

    Ivy Well-Known Member

    Joined:
    10 February 2015
    Messages:
    498
    Likes Received:
    85
    Hi Bob- if there aren't any restrictions to new members, why can't they pay and sign up? If you need a meeting to approve new members, that implies a restriction...
     
    Stop hovering to collapse... Click to collapse... Hover to expand... Click to expand...
  8. TedP02

    TedP02 Active Member

    Joined:
    10 August 2014
    Messages:
    10
    Likes Received:
    1
    Sorry, then I guess there is restrictions. New members can apply but do need approval from the committee before they are accepted.
     
  9. Ivy

    Ivy Well-Known Member

    Joined:
    10 February 2015
    Messages:
    498
    Likes Received:
    85
    Okay- does your constitution have a process that outlines the dispute resolution process? If your constitution was adopted after July 1 2010 and doesn't have a process for dispute resolution, you must use the process outlined in the model constitution. You can find a link to that here: Model constitution - NSW Fair Trading

    If your constitution does have a dispute resolution process and you've exhausted your options, it's time to seek legal advice. You can contact your local Legal Aid or Legal Community Centre as a starting point and then go from there.
     
    Stop hovering to collapse... Click to collapse... Hover to expand... Click to expand...
  10. TedP02

    TedP02 Active Member

    Joined:
    10 August 2014
    Messages:
    10
    Likes Received:
    1
    thanks Ivy, appreciate the input. I'll definitely follow those up.
     

Share This Page

Loading...