Body Corporate and Community Management (Commercial Module) Regulation 2020
sec.166Giving documents or information to lot owners for casting votes on motion by secret ballot [ SM, s 219 ]
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sec.166 Giving documents or information to lot owners for casting votes on motion by secret ballot [ SM, s 219 ]
This section applies if a motion at a meeting is to be decided by secret ballot. If written notice of the general meeting is required to be given to an owner of a lot, the body corporate must ensure the items mentioned in section 45 (3) (d) (i) are given to the owner— by delivering them to the owner personally; or by posting them to the owner’s address for service. However, subsection (2) does not apply in relation to an owner of a lot if— the body corporate has passed a resolution under section 69 that provides that voters may cast votes electronically on a motion to be decided by secret ballot; and the owner has given notice to the body corporate in a way mentioned in section 167 (2) that the owner does not want to be given a hard copy of the items mentioned in section 45 (3) (d) (i) ; and the owner’s address for service includes an email address. The owner may give notice under subsection (3) (b) in relation to the meeting or particular meetings. (sec.166-ssec.1) This section applies if a motion at a meeting is to be decided by secret ballot. (sec.166-ssec.2) If written notice of the general meeting is required to be given to an owner of a lot, the body corporate must ensure the items mentioned in section 45 (3) (d) (i) are given to the owner— by delivering them to the owner personally; or by posting them to the owner’s address for service. (sec.166-ssec.3) However, subsection (2) does not apply in relation to an owner of a lot if— the body corporate has passed a resolution under section 69 that provides that voters may cast votes electronically on a motion to be decided by secret ballot; and the owner has given notice to the body corporate in a way mentioned in section 167 (2) that the owner does not want to be given a hard copy of the items mentioned in section 45 (3) (d) (i) ; and the owner’s address for service includes an email address. (sec.166-ssec.4) The owner may give notice under subsection (3) (b) in relation to the meeting or particular meetings.
- (a) by delivering them to the owner personally; or
- (b) by posting them to the owner’s address for service.
- (a) the body corporate has passed a resolution under section 69 that provides that voters may cast votes electronically on a motion to be decided by secret ballot; and
- (b) the owner has given notice to the body corporate in a way mentioned in section 167 (2) that the owner does not want to be given a hard copy of the items mentioned in section 45 (3) (d) (i) ; and
- (c) the owner’s address for service includes an email address.