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Body Corporate and Community Management (Commercial Module) Regulation 2020
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Body Corporate and Community Management (Commercial Module) Regulation 2020
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Turn the raw legal text into a practical explanation grounded in Body Corporate and Community Management (Commercial Module) Regulation 2020.
This section applies if 2 or more motions (the original motions ) proposing alternative ways of dealing with the same issue are submitted, under section 44 , for consideration at a general meeting of the body corporate. The secretary of the body corporate receives motions from 3 owners of lots proposing the engagement of a person as a body corporate manager and each motion proposes a different person. The committee must list the original motions as a group of motions dealing with the same issue (a group of same-issue motions ) on the voting paper for the general meeting. See also section 46 . A person who is a voter for the general meeting may do any or all of the following in relation to the original motions that are part of a group of same-issue motions— vote in favour of 1 or more of the motions; vote against 1 or more of the motions; abstain from voting on 1 or more of the motions. An original motion that receives the required number of votes to pass the motion qualifies (a qualifying motion ) to be a decision of the body corporate. If there is only 1 qualifying motion, the qualifying motion is the body corporate’s decision for the group of same-issue motions. If there is more than 1 qualifying motion, the qualifying motion that receives the highest number of votes in favour of the motion is the body corporate’s decision for the group of same-issue motions. Suppose that 3 original motions proposing borrowing are submitted for consideration at a general meeting for a scheme with 20 lots. The motions listed as original motions are as follows— Original motion A which proposes borrowing an amount that must be authorised by special resolution; Original motion B which proposes borrowing a different amount that must be authorised by special resolution; Original motion C which proposes borrowing a different amount that may be authorised by ordinary resolution. Original motion A receives 15 votes in favour of, and 2 votes against, the motion and would pass as a special resolution. Original motion B receives 13 votes in favour of, and 3 votes against, the motion and would also pass as a special resolution. Original motion C receives 6 votes in favour of, and no votes against, the motion and would pass as an ordinary resolution. Therefore, each original motion is a qualifying motion of the group of same-issue motions. As original motion A is the qualifying motion that receives the highest number of votes in favour of the motion, it is the decision of the body corporate, under subsection (6) , for the group of same-issue motions. However, if there are 2 or more qualifying motions that each receive an equal highest number of votes in favour of the motion, the qualifying motion that receives the fewest votes against the motion is the body corporate’s decision for the group of same-issue motions. If there is more than 1 qualifying motion and the qualifying motions each receive an equal highest number of votes in favour of the motion and an equal number of votes against the motion, the qualifying motion that is the body corporate’s decision must be decided by chance in the way the meeting decides. Other than for an original motion that is part of a group of same-issue motions, if more than 1 motion about the same issue is listed on the agenda, or stated in a voting paper, for the meeting all motions about the issue are void. (sec.47-ssec.1) This section applies if 2 or more motions (the original motions ) proposing alternative ways of dealing with the same issue are submitted, under section 44 , for consideration at a general meeting of the body corporate. The secretary of the body corporate receives motions from 3 owners of lots proposing the engagement of a person as a body corporate manager and each motion proposes a different person. (sec.47-ssec.2) The committee must list the original motions as a group of motions dealing with the same issue (a group of same-issue motions ) on the voting paper for the general meeting. See also section 46 . (sec.47-ssec.3) A person who is a voter for the general meeting may do any or all of the following in relation to the original motions that are part of a group of same-issue motions— vote in favour of 1 or more of the motions; vote against 1 or more of the motions; abstain from voting on 1 or more of the motions. (sec.47-ssec.4) An original motion that receives the required number of votes to pass the motion qualifies (a qualifying motion ) to be a decision of the body corporate. (sec.47-ssec.5) If there is only 1 qualifying motion, the qualifying motion is the body corporate’s decision for the group of same-issue motions. (sec.47-ssec.6) If there is more than 1 qualifying motion, the qualifying motion that receives the highest number of votes in favour of the motion is the body corporate’s decision for the group of same-issue motions. Suppose that 3 original motions proposing borrowing are submitted for consideration at a general meeting for a scheme with 20 lots. The motions listed as original motions are as follows— Original motion A which proposes borrowing an amount that must be authorised by special resolution; Original motion B which proposes borrowing a different amount that must be authorised by special resolution; Original motion C which proposes borrowing a different amount that may be authorised by ordinary resolution. Original motion A receives 15 votes in favour of, and 2 votes against, the motion and would pass as a special resolution. Original motion B receives 13 votes in favour of, and 3 votes against, the motion and would also pass as a special resolution. Original motion C receives 6 votes in favour of, and no votes against, the motion and would pass as an ordinary resolution. Therefore, each original motion is a qualifying motion of the group of same-issue motions. As original motion A is the qualifying motion that receives the highest number of votes in favour of the motion, it is the decision of the body corporate, under subsection (6) , for the group of same-issue motions. (sec.47-ssec.7) However, if there are 2 or more qualifying motions that each receive an equal highest number of votes in favour of the motion, the qualifying motion that receives the fewest votes against the motion is the body corporate’s decision for the group of same-issue motions. (sec.47-ssec.8) If there is more than 1 qualifying motion and the qualifying motions each receive an equal highest number of votes in favour of the motion and an equal number of votes against the motion, the qualifying motion that is the body corporate’s decision must be decided by chance in the way the meeting decides. (sec.47-ssec.9) Other than for an original motion that is part of a group of same-issue motions, if more than 1 motion about the same issue is listed on the agenda, or stated in a voting paper, for the meeting all motions about the issue are void.