sec.108When motion must be decided by secret ballot

### sec.108 When motion must be decided by secret ballot A motion to be decided at a general meeting of the body corporate must be decided by secret ballot if— the motion is required under the Act or this regulation to be decided by secret ballot; or See, for example— sections 135 , 151 and 152 sections 139 and 140 of the Act . the committee has recommended that the motion be decided by secret ballot; or the body corporate has by ordinary resolution required that the motion be decided by secret ballot. However, a recommendation of the committee under subsection (1) (b) , or a requirement of the body corporate under subsection (1) (c) , has no effect for a motion unless there is sufficient time, after the recommendation or requirement is made, for voting material for the motion to be prepared and sent to owners of lots under section 87 . For subsection (1) (c) , a requirement of the body corporate— may apply to any of the following to be decided by the body corporate— a particular motion; motions about a particular stated subject; motions about improvements to common property all motions; and for a motion mentioned in paragraph (a) (ii) or (iii) —applies for the period stated in the resolution, ending not later than the end of the next annual general meeting held after the general meeting at which the resolution is passed. (sec.108-ssec.1) A motion to be decided at a general meeting of the body corporate must be decided by secret ballot if— the motion is required under the Act or this regulation to be decided by secret ballot; or See, for example— sections 135 , 151 and 152 sections 139 and 140 of the Act . the committee has recommended that the motion be decided by secret ballot; or the body corporate has by ordinary resolution required that the motion be decided by secret ballot. (sec.108-ssec.2) However, a recommendation of the committee under subsection (1) (b) , or a requirement of the body corporate under subsection (1) (c) , has no effect for a motion unless there is sufficient time, after the recommendation or requirement is made, for voting material for the motion to be prepared and sent to owners of lots under section 87 . (sec.108-ssec.3) For subsection (1) (c) , a requirement of the body corporate— may apply to any of the following to be decided by the body corporate— a particular motion; motions about a particular stated subject; motions about improvements to common property all motions; and for a motion mentioned in paragraph (a) (ii) or (iii) —applies for the period stated in the resolution, ending not later than the end of the next annual general meeting held after the general meeting at which the resolution is passed. - (a) the motion is required under the Act or this regulation to be decided by secret ballot; or Note— See, for example— 1 sections 135 , 151 and 152 2 sections 139 and 140 of the Act . - 1 sections 135 , 151 and 152 - 2 sections 139 and 140 of the Act . - (b) the committee has recommended that the motion be decided by secret ballot; or - (c) the body corporate has by ordinary resolution required that the motion be decided by secret ballot. - 1 sections 135 , 151 and 152 - 2 sections 139 and 140 of the Act . - (a) may apply to any of the following to be decided by the body corporate— (i) a particular motion; (ii) motions about a particular stated subject; Example— motions about improvements to common property (iii) all motions; and - (i) a particular motion; - (ii) motions about a particular stated subject; Example— motions about improvements to common property - (iii) all motions; and - (b) for a motion mentioned in paragraph (a) (ii) or (iii) —applies for the period stated in the resolution, ending not later than the end of the next annual general meeting held after the general meeting at which the resolution is passed. - (i) a particular motion; - (ii) motions about a particular stated subject; Example— motions about improvements to common property - (iii) all motions; and