Re: Quorum in Meetings of a Non-Stock Condominium Corporation

September 9, 2019SEC-OGC OPINION NO. 31-19RE: QUORUM IN MEETINGS OF A NON-STOCK CONDOMINIUM CORPORATIONReyes Rojas & AssociatesUnit 1502, Jollibee Plaza CondominiumF. Ortigas Jr. Road, Ortigas CenterPasig CityAttention: Atty. Gian Enrico C. NavarroGentlemen :This refers to your letter dated 14 February 2019 requesting for our opinion on whether delinquent members are excluded in the determination of quorum for the annual general meeting of Icon Residences Condominium Corporation (Icon). In your letter, you stated that Icon is a non-stock, non-profit corporation whose annual general meeting is set by its By-Laws 1 every third Thursday of April of each year. On 19 April 2018, the very first general meeting was held. However, the then Board of Trustees (BOT) declared the absence of a quorum, contending that quorum should initially be based on the totality of all the members, delinquent or not. According to the BOT, the exclusion of the delinquent members, as provided for in the By-Laws, will only apply during the election of the BOT.Hence, your query.We answer your query in the affirmative.Section 51 in relation to...