Calling an EGM

Can someone clarify the situation regarding the calling of an EGM.

The Horizontal Property Act states "upon request of 25 percent of the unit owners or a number representing, at least, 25 percent of the assessment quotas"! What does this mean?

Our urbanisation is not complete there are empty unbuilt on unsold plots, other plots have unsold properties. Does this mean that the developer/land owner have a vote for each of these?

It is over a year since our last AGM and the Administrator and President are dragging their feet in calling one. The urbanisation is suffering as a consequence and we urgently need stability to get the running of it back on track.

It is a requirement of the Horizontal property Law to hold an AGM ( sometimes called owner's meeting ) ONCE in each year.

An EGM requires 25% of the total owners to SIGN a petition to be handed to the President/Administrator and then a meeting SHOULD be conviened after ALL the owners have been notified. The petition/request for an EGM MUST have the signatures and you CANNOT use proxy signatures for this.

If a lot of your Urb is still owned by the builder then he should have been paying Comm Fees for theses and will have a vote for every property he still owns, as long as the fees are paid up to date.

Thanks for the replies:

The legal bit went over my head! But I think I got the sense of it!

Our Urbanisation is so new it did not even set a budget at last years AGM so the question on non fee payers is academic.

As a secondary question (pehaps the subject for another thread) is what happens at an AGM if the Administrator does not get reelected and no alternatives are suggested.

I DID NOT say that you had to be up to date with Community Fees to sign a PETITION......I said you need to be up to date to VOTE.

How much notice has to be given to call a EGM

How many owners need to be present to form a quorum

In addition section 17 (3) provides

Where the meeting is held on second call, the decisions adopted by a majority of those present shall be valid if they represent more than half the value of the allocations of those present.

Let me start again, the question is how many days notice have to be given to call an EGM?  & how many owners have to be present to form a quorum.

we have had an AGM but have unfinished business.

Thanks

how many days notice have to be given to call an EGM? The law remains silent on this matter and it is only required "sufficient time to inform all the owners"  Could be 1, 2, 3, 4 days, it depends on when every owner receive the notice

how many owners have to be present to form a quorum ?

On first call : a majority of owners of the community representing a majority of the whole community quotas

If your community has, say, 100 flats which the same share (quota) the quorum is 51

On second call: No quorum is needed