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NSW Incorporated Association Quorum Issue

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

  1. TedP02

    TedP02 Active Member

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    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

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    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?
     
  3. TedP02

    TedP02 Active Member

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    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

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    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

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    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)?
     
  6. TedP02

    TedP02 Active Member

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    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

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    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...
     
  8. TedP02

    TedP02 Active Member

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    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

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    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.
     
  10. TedP02

    TedP02 Active Member

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    thanks Ivy, appreciate the input. I'll definitely follow those up.
     

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