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Body Corporate and Community Management (Standard Module) Regulation 2020
sec.107Voting at general meeting
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### sec.107 Voting at general meeting
Voting at a general meeting must be done in the way provided in this section unless the body corporate decides by special resolution that voting is to be done in another way.
Voting by persons present at a general meeting must be by show of hands, if applicable, by electronic means, or by giving a completed hard copy or electronic vote to the secretary or, if the secretary is not present, the person chairing the meeting either—
before the start of the meeting; or
at the meeting before the votes are counted.
However, subsection (2) does not apply if—
a ballot is required by the Act , this regulation or the by-laws; or
the person chairing the meeting decides a ballot is necessary to ensure an accurate count of votes.
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; and
stated in a voting paper accompanying the notice of the meeting; 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.107-ssec.1) Voting at a general meeting must be done in the way provided in this section unless the body corporate decides by special resolution that voting is to be done in another way.
(sec.107-ssec.2) Voting by persons present at a general meeting must be by show of hands, if applicable, by electronic means, or by giving a completed hard copy or electronic vote to the secretary or, if the secretary is not present, the person chairing the meeting either— before the start of the meeting; or at the meeting before the votes are counted.
(sec.107-ssec.3) However, subsection (2) does not apply if— a ballot is required by the Act , this regulation or the by-laws; or the person chairing the meeting decides a ballot is necessary to ensure an accurate count of votes.
(sec.107-ssec.4) 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.107-ssec.5) 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.107-ssec.6) 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; and stated in a voting paper accompanying the notice of the meeting; 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) before the start of the meeting; or
- (b) at the meeting before the votes are counted.
- (a) a ballot is required by the Act , this regulation or the by-laws; or
- (b) the person chairing the meeting decides a ballot is necessary to ensure an accurate count of votes.
- (a) a motion— (i) included as an item of business on the general meeting’s agenda; and (ii) stated in a voting paper accompanying the notice of the meeting; or
- (i) included as an item of business on the general meeting’s agenda; and
- (ii) stated in a voting paper accompanying the notice of the meeting; or
- (b) 1 or more of the following— (i) a procedural motion for the conduct of the meeting; (ii) a motion to amend a motion; (iii) a motion to correct minutes.
- (i) a procedural motion for the conduct of the meeting;
- (ii) a motion to amend a motion;
- (iii) a motion to correct minutes.
- (i) included as an item of business on the general meeting’s agenda; and
- (ii) stated in a voting paper accompanying the notice of the meeting; or
- (i) a procedural motion for the conduct of the meeting;
- (ii) a motion to amend a motion;
- (iii) a motion to correct minutes.