Body Corporate and Community Management (Accommodation Module) Regulation 2020
sec.56When voting member ineligible to vote at committee meetings [SM, s 64 ]
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sec.56 When voting member ineligible to vote at committee meetings [SM, s 64 ]
This section applies in relation to a voting member of a committee (a debtor member ) if, at the time of a meeting of the committee— the member owes a body corporate debt in relation to a lot owned by the member; or the member is not a lot owner and— the member is nominated to be a voting member of the committee under section 11 (1) (b) or (c) ; and the nominating entity owes a body corporate debt in relation to a lot owned by the entity. A debtor member is ineligible to vote at the meeting in the member’s own right or as a proxy for another voting member. Also, a person who holds the proxy for a debtor member is ineligible to exercise a vote on behalf of the debtor member at a meeting of the committee. Under section 116 , it is an offence for a person to exercise a proxy at a committee meeting knowing that the person does not have the right to exercise it. However, nothing in this section prevents a debtor member from being counted, under section 52 , for deciding whether there is a quorum for a meeting of the committee. (sec.56-ssec.1) This section applies in relation to a voting member of a committee (a debtor member ) if, at the time of a meeting of the committee— the member owes a body corporate debt in relation to a lot owned by the member; or the member is not a lot owner and— the member is nominated to be a voting member of the committee under section 11 (1) (b) or (c) ; and the nominating entity owes a body corporate debt in relation to a lot owned by the entity. (sec.56-ssec.2) A debtor member is ineligible to vote at the meeting in the member’s own right or as a proxy for another voting member. (sec.56-ssec.3) Also, a person who holds the proxy for a debtor member is ineligible to exercise a vote on behalf of the debtor member at a meeting of the committee. Under section 116 , it is an offence for a person to exercise a proxy at a committee meeting knowing that the person does not have the right to exercise it. (sec.56-ssec.4) However, nothing in this section prevents a debtor member from being counted, under section 52 , for deciding whether there is a quorum for a meeting of the committee.
- (a) the member owes a body corporate debt in relation to a lot owned by the member; or
- (b) the member is not a lot owner and— (i) the member is nominated to be a voting member of the committee under section 11 (1) (b) or (c) ; and (ii) the nominating entity owes a body corporate debt in relation to a lot owned by the entity.
- (i) the member is nominated to be a voting member of the committee under section 11 (1) (b) or (c) ; and
- (ii) the nominating entity owes a body corporate debt in relation to a lot owned by the entity.
- (i) the member is nominated to be a voting member of the committee under section 11 (1) (b) or (c) ; and