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Body Corporate and Community Management (Standard Module) Regulation 2020
sec.64When voting member ineligible to vote at committee meetings
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### sec.64 When voting member ineligible to vote at committee meetings
This section applies in relation to a voting member of a committee (a debtor member ) if, at the time of a meeting of the committee—
the member owes a body corporate debt in relation to a lot owned by the member; or
the member is not a lot owner and—
the member is nominated to be a voting member of the committee under section 10 (1) (b) or (c) ; and
the nominating entity owes a body corporate debt in relation to a lot owned by the entity.
A debtor member is ineligible to vote at the meeting in the member’s own right or as a proxy for another voting member.
Also, a person who holds the proxy for a debtor member is ineligible to exercise a vote on behalf of the debtor member at the meeting.
Under section 126 , it is an offence for a person to exercise a proxy at a committee meeting knowing that the person does not have the right to exercise it.
However, nothing in this section prevents a debtor member from being counted, under section 60 , for deciding whether there is a quorum for a meeting of the committee.
(sec.64-ssec.1) This section applies in relation to a voting member of a committee (a debtor member ) if, at the time of a meeting of the committee— the member owes a body corporate debt in relation to a lot owned by the member; or the member is not a lot owner and— the member is nominated to be a voting member of the committee under section 10 (1) (b) or (c) ; and the nominating entity owes a body corporate debt in relation to a lot owned by the entity.
(sec.64-ssec.2) A debtor member is ineligible to vote at the meeting in the member’s own right or as a proxy for another voting member.
(sec.64-ssec.3) Also, a person who holds the proxy for a debtor member is ineligible to exercise a vote on behalf of the debtor member at the meeting. Under section 126 , it is an offence for a person to exercise a proxy at a committee meeting knowing that the person does not have the right to exercise it.
(sec.64-ssec.4) However, nothing in this section prevents a debtor member from being counted, under section 60 , for deciding whether there is a quorum for a meeting of the committee.
- (a) the member owes a body corporate debt in relation to a lot owned by the member; or
- (b) the member is not a lot owner and— (i) the member is nominated to be a voting member of the committee under section 10 (1) (b) or (c) ; and (ii) the nominating entity owes a body corporate debt in relation to a lot owned by the entity.
- (i) the member is nominated to be a voting member of the committee under section 10 (1) (b) or (c) ; and
- (ii) the nominating entity owes a body corporate debt in relation to a lot owned by the entity.
- (i) the member is nominated to be a voting member of the committee under section 10 (1) (b) or (c) ; and
- (ii) the nominating entity owes a body corporate debt in relation to a lot owned by the entity.