Body Corporate and Community Management (Small Schemes Module) Regulation 2020
sec.47Quorum for general meetings [ SM, s 99 ]
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sec.47 Quorum for general meetings [ SM, s 99 ]
In addition to being present personally at a general meeting, a voter is taken to be present at the meeting if the voter— appointed a proxy for the meeting; or cast a vote in a way permitted by the body corporate under section 52 . A quorum at a general meeting is— if, under subsection (3) , the body corporate has decided a minimum percentage of voters for a quorum—at least the minimum percentage; or otherwise—at least 25% of the voters for the meeting. A body corporate may, by special resolution, decide a minimum percentage of voters for a quorum at a general meeting that is— not less than 10% of the number of voters; and not more than 25% of the number of voters. Despite subsection (2) , the number of voters that must be present personally for a meeting is— if the number of voters for the meeting is 3 or more—2 unless the body corporate decides by special resolution that only 1 voter may be present; or if the number of voters for the meeting is fewer than 3—1. For this section, the number of voters for the meeting must be calculated as follows— a person whose name is, or whose name must be, recorded on the roll as a voter more than once must be counted as 1 voter; 2 or more persons whose names are, or whose names must be, recorded on the roll as a voter for the same lot owner, must be counted as 1 voter; 2 or more co-owners of a lot must be counted as 1 voter. Despite section 50 (2) , each voter present at the meeting must be counted as a voter for the meeting. (sec.47-ssec.1) In addition to being present personally at a general meeting, a voter is taken to be present at the meeting if the voter— appointed a proxy for the meeting; or cast a vote in a way permitted by the body corporate under section 52 . (sec.47-ssec.2) A quorum at a general meeting is— if, under subsection (3) , the body corporate has decided a minimum percentage of voters for a quorum—at least the minimum percentage; or otherwise—at least 25% of the voters for the meeting. (sec.47-ssec.3) A body corporate may, by special resolution, decide a minimum percentage of voters for a quorum at a general meeting that is— not less than 10% of the number of voters; and not more than 25% of the number of voters. (sec.47-ssec.4) Despite subsection (2) , the number of voters that must be present personally for a meeting is— if the number of voters for the meeting is 3 or more—2 unless the body corporate decides by special resolution that only 1 voter may be present; or if the number of voters for the meeting is fewer than 3—1. (sec.47-ssec.5) For this section, the number of voters for the meeting must be calculated as follows— a person whose name is, or whose name must be, recorded on the roll as a voter more than once must be counted as 1 voter; 2 or more persons whose names are, or whose names must be, recorded on the roll as a voter for the same lot owner, must be counted as 1 voter; 2 or more co-owners of a lot must be counted as 1 voter. (sec.47-ssec.6) Despite section 50 (2) , each voter present at the meeting must be counted as a voter for the meeting.