sec.52Voting at general meeting [ SM, s 107 ]

sec.52 Voting at general meeting [ SM, s 107 ]

Voting at a general meeting must be done in the way the body corporate decides. A way decided by the body corporate under subsection (1) — must be fair and reasonable in the circumstances of the community titles scheme; and may include the acceptance of a vote on a motion by telephone, email or another way the intention of a voter, who is not present at the meeting personally or by proxy, can be clearly communicated to the meeting; and must, if the way involves an electronic communication of a vote, be consistent with any requirement under the Electronic Transactions (Queensland) Act 2001 about how a document must be signed or sent electronically. If 1 or more, but not all, of the co-owners of a lot are present at the meeting, the co-owner or co-owners present vote as the owner of the lot. No vote may be counted for a lot on a motion if there is a conflict between the votes of the co-owners of the lot. A general meeting may pass a resolution on a motion only if the motion is— a motion included as an item of business on the general meeting’s agenda; or 1 or more of the following— a procedural motion for the conduct of the meeting; a motion to amend a motion; a motion to correct minutes. (sec.52-ssec.1) Voting at a general meeting must be done in the way the body corporate decides. (sec.52-ssec.2) A way decided by the body corporate under subsection (1) — must be fair and reasonable in the circumstances of the community titles scheme; and may include the acceptance of a vote on a motion by telephone, email or another way the intention of a voter, who is not present at the meeting personally or by proxy, can be clearly communicated to the meeting; and must, if the way involves an electronic communication of a vote, be consistent with any requirement under the Electronic Transactions (Queensland) Act 2001 about how a document must be signed or sent electronically. (sec.52-ssec.3) If 1 or more, but not all, of the co-owners of a lot are present at the meeting, the co-owner or co-owners present vote as the owner of the lot. (sec.52-ssec.4) No vote may be counted for a lot on a motion if there is a conflict between the votes of the co-owners of the lot. (sec.52-ssec.5) A general meeting may pass a resolution on a motion only if the motion is— a motion included as an item of business on the general meeting’s agenda; or 1 or more of the following— a procedural motion for the conduct of the meeting; a motion to amend a motion; a motion to correct minutes.

• (a) must be fair and reasonable in the circumstances of the community titles scheme; and
• (b) may include the acceptance of a vote on a motion by telephone, email or another way the intention of a voter, who is not present at the meeting personally or by proxy, can be clearly communicated to the meeting; and
• (c) must, if the way involves an electronic communication of a vote, be consistent with any requirement under the Electronic Transactions (Queensland) Act 2001 about how a document must be signed or sent electronically.