Marina da Gama Association AGM 2021

AGM 2021: MDGA ExCom’s final position on quorum and voting numbers
The following post includes a number of changes to the quorum and voting numbers that we implemented after we received the full list of members who participated in last month’s AGM by Zoom.

Fortunately, there are no material changes to our original calculations. All resolutions that passed remain passed and all resolutions that were unsuccessful remain unsuccessful.

The MDGA ExCom has explained its position on the AGM in previous posts and this post now states our final position on voting and quorum numbers.

Interpretation of Clause 18 page 23 of the MDGA Constitution
18.1 – Should any dispute or doubt arise as to the interpretation or meaning of this Constitution or any rules and regulations of the Association, ExCom shall be the final arbiter and its decisions shall be binding upon the members.

The Companies Act states that a person ‘present at the meeting’ means being present in person, or able to participate in the meeting by electronic communication, or to be represented by a proxy who is present in person or able to participate in the meeting by electronic communication.

In light of COVID-19 and the move to adjusted Level 3 lockdown, ExCom decided, overwhelmingly, to invoke Clause 18.1 of the MDGA Constitution (see above). Accordingly, all proxies could be included as present at the meeting and, therefore, included in the quorum count. We originally published this decision in the notice we sent out on 10 June 2021.

After the results were published under the Chairman’s name, we received the full listing of members present at the AGM on Zoom. We have had difficulty in verifying all Zoom participants because their given names or descriptors – for example: Gary iPad – do not always give sufficient information for us to verify any duplications and/or the member’s current status.

So, to be absolutely sure that we do not double count, we have excluded names that we cannot verify and/or confirm. The purpose is to avoid duplication by counting participants in on Zoom and also counting them in through proxies.

Each member’s vote is important to us. Technology is a wonderful tool and we all have all learnt from this exercise.

With this background in mind, here is the final count on the AGM quorum and resolutions:

Quorum count
At 19.00 hours on the 22 June 2021, we had achieved quorum with 46 proxies, 10 members present at the Masque Theatre and a minimum of five confirmed Zoom participants. This gives a total of 60+. As such, the AGM was quorate and could continue.

  • Present at the Masque Theatre 10
  • Present on Zoom but didn’t vote and had no proxy 14
  • Present on Zoom and voted 6
  • Total verified proxies present 46

We confirmed all these figures on 30 June after we received the full list of Zoom participants.

Therefore, the actual total for the quorum is 76.

Resolution count

Appointments to ExCom – less than 12 nomineesNO VOTE REQUIRED 
 FORAGAINSTABSTAINRESULT%
Acceptance of MDGA’s AFS to 28 February 20214556PASSED59
Appointment of IC Mackay as Auditor5253PASSED68
Acceptance of minutes of AGM on 10 September 20204259PASSED55
Acceptance of resolution 1: Ongoing sewerage issue5071PASSED66
Acceptance of resolution 2: Impact of the weir45122PASSED59
Special resolution – required 75% approval Approval of Standards Manual and building regulations40170UNSUCCESFUL53

ExCom owes a debt of gratitude for the assistance we received from our office staff, ExCom members and their partners. Many thanks

Richard Midgley

MDGA ExCom Chairman