Body Corporate and Community Management (Small Schemes Module) Regulation 2020
sec.50Displacement or disentitlement of right to vote [ SM, s 102 ]
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sec.50 Displacement or disentitlement of right to vote [ SM, s 102 ]
If a mortgagee in possession claims, by written notice to the secretary, the right to vote for a lot, the mortgagee’s right to vote displaces the right to vote of— the registered owner of the lot; or a person who derives a right to vote from the registered owner. A person does not have the right to exercise a vote for a particular lot on a motion, other than a motion for which a resolution without dissent is required, or for choosing a member of the committee, if the owner of the lot owes a body corporate debt in relation to the lot at the time of the meeting. (sec.50-ssec.1) If a mortgagee in possession claims, by written notice to the secretary, the right to vote for a lot, the mortgagee’s right to vote displaces the right to vote of— the registered owner of the lot; or a person who derives a right to vote from the registered owner. (sec.50-ssec.2) A person does not have the right to exercise a vote for a particular lot on a motion, other than a motion for which a resolution without dissent is required, or for choosing a member of the committee, if the owner of the lot owes a body corporate debt in relation to the lot at the time of the meeting.
- (a) the registered owner of the lot; or
- (b) a person who derives a right to vote from the registered owner.