sec.28When voting member ineligible to vote at committee meetings [ SM, s 64 ]

sec.28 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 the 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) ; 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 the meeting. Under section 84 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 24 , for deciding whether there is a quorum for a meeting of the committee. (sec.28-ssec.1) This section applies in relation to a voting member of a committee (a debtor member ) if, at the time of the 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) ; and the nominating entity owes a body corporate debt in relation to a lot owned by the entity. (sec.28-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.28-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 the meeting. Under section 84 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.28-ssec.4) However, nothing in this section prevents a debtor member from being counted, under section 24 , 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) ; 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) ; 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) ; and
• (ii) the nominating entity owes a body corporate debt in relation to a lot owned by the entity.