sec.35Conduct of ballot—deciding executive member positions

### sec.35 Conduct of ballot—deciding executive member positions If only 1 person is nominated for the position of chairperson, secretary or treasurer, the person chairing the meeting, if satisfied the nomination complies with this regulation, must declare the person to have been elected unopposed. For examples of nomination requirements, see sections 10 , 17 and 18 . If, for the position of chairperson, secretary or treasurer, there has been no nomination, the person chairing the meeting— must invite nominations for the position at the meeting; and must accept nominations that are made in either of the following ways— by a member of the body corporate who is present at the meeting; in writing, by a member of the body corporate not present at the meeting. A member of the body corporate may nominate, under subsection (2) (b) , not more than 1 person for the position. Subsection (3) applies even if the member is the owner of more than 1 lot included in the community titles scheme. To remove any doubt, it is declared that the member may make the nomination whether or not the member made a nomination under section 16 for a position on the committee. If more than 1 person has nominated for a position, a ballot must be conducted, and the person chairing the meeting must declare the person who receives the highest number of votes to have been elected. If, on a counting of votes, 2 or more persons each receive an identical number of votes, and no other candidate receives a higher number of votes, the result must be decided between the 2 or more persons by chance in the way the meeting decides. (sec.35-ssec.1) If only 1 person is nominated for the position of chairperson, secretary or treasurer, the person chairing the meeting, if satisfied the nomination complies with this regulation, must declare the person to have been elected unopposed. For examples of nomination requirements, see sections 10 , 17 and 18 . (sec.35-ssec.2) If, for the position of chairperson, secretary or treasurer, there has been no nomination, the person chairing the meeting— must invite nominations for the position at the meeting; and must accept nominations that are made in either of the following ways— by a member of the body corporate who is present at the meeting; in writing, by a member of the body corporate not present at the meeting. (sec.35-ssec.3) A member of the body corporate may nominate, under subsection (2) (b) , not more than 1 person for the position. (sec.35-ssec.4) Subsection (3) applies even if the member is the owner of more than 1 lot included in the community titles scheme. (sec.35-ssec.5) To remove any doubt, it is declared that the member may make the nomination whether or not the member made a nomination under section 16 for a position on the committee. (sec.35-ssec.6) If more than 1 person has nominated for a position, a ballot must be conducted, and the person chairing the meeting must declare the person who receives the highest number of votes to have been elected. (sec.35-ssec.7) If, on a counting of votes, 2 or more persons each receive an identical number of votes, and no other candidate receives a higher number of votes, the result must be decided between the 2 or more persons by chance in the way the meeting decides. - (a) must invite nominations for the position at the meeting; and - (b) must accept nominations that are made in either of the following ways— (i) by a member of the body corporate who is present at the meeting; (ii) in writing, by a member of the body corporate not present at the meeting. - (i) by a member of the body corporate who is present at the meeting; - (ii) in writing, by a member of the body corporate not present at the meeting. - (i) by a member of the body corporate who is present at the meeting; - (ii) in writing, by a member of the body corporate not present at the meeting.