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Body Corporate and Community Management (Standard Module) Regulation 2020
sec.69Voting on motion given outside committee meetings
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### sec.69 Voting on motion given outside committee meetings
Members’ votes on the motion given under section 68 must be—
in writing but, in an emergency, may be expressed orally or by another appropriate form of communication; and
given within—
for a motion that does not relate to a request for approval to keep or bring an animal on a lot or common property—21 days after the notice is given under section 68 (2) (the relevant period ); or
for a motion that relates to a request for approval to keep or bring an animal on a lot or common property—21 days after the request was made to the committee (also the relevant period ).
The motion is decided if, within the relevant period—
the majority of all members of the committee entitled to vote on the motion agree to the motion; or
one-half or more of all members of the committee entitled to vote on the motion do not agree to the motion.
Also—
if the motion is a motion mentioned in subsection (1) (b) (i) —the motion is taken to have not been agreed to if, within the relevant period for the motion, a decision can not be made under subsection (2) ; and
if the motion is a motion mentioned in subsection (1) (b) (ii) —the committee is taken to have decided to approve the request if, within the relevant period for the motion, a decision can not be made under subsection (2) .
The committee must give the person who made the request written notice stating that the request is decided—
if the motion is decided under subsection (2) —as soon as practicable after the decision is made; or
if subsection (3) (b) applies—as soon as practicable after the relevant period ends.
s 69 amd 2024 SL No. 40 s 63
(sec.69-ssec.1) Members’ votes on the motion given under section 68 must be— in writing but, in an emergency, may be expressed orally or by another appropriate form of communication; and given within— for a motion that does not relate to a request for approval to keep or bring an animal on a lot or common property—21 days after the notice is given under section 68 (2) (the relevant period ); or for a motion that relates to a request for approval to keep or bring an animal on a lot or common property—21 days after the request was made to the committee (also the relevant period ).
(sec.69-ssec.2) The motion is decided if, within the relevant period— the majority of all members of the committee entitled to vote on the motion agree to the motion; or one-half or more of all members of the committee entitled to vote on the motion do not agree to the motion.
(sec.69-ssec.3) Also— if the motion is a motion mentioned in subsection (1) (b) (i) —the motion is taken to have not been agreed to if, within the relevant period for the motion, a decision can not be made under subsection (2) ; and if the motion is a motion mentioned in subsection (1) (b) (ii) —the committee is taken to have decided to approve the request if, within the relevant period for the motion, a decision can not be made under subsection (2) .
(sec.69-ssec.4) The committee must give the person who made the request written notice stating that the request is decided— if the motion is decided under subsection (2) —as soon as practicable after the decision is made; or if subsection (3) (b) applies—as soon as practicable after the relevant period ends.
- (a) in writing but, in an emergency, may be expressed orally or by another appropriate form of communication; and
- (b) given within— (i) for a motion that does not relate to a request for approval to keep or bring an animal on a lot or common property—21 days after the notice is given under section 68 (2) (the relevant period ); or (ii) for a motion that relates to a request for approval to keep or bring an animal on a lot or common property—21 days after the request was made to the committee (also the relevant period ).
- (i) for a motion that does not relate to a request for approval to keep or bring an animal on a lot or common property—21 days after the notice is given under section 68 (2) (the relevant period ); or
- (ii) for a motion that relates to a request for approval to keep or bring an animal on a lot or common property—21 days after the request was made to the committee (also the relevant period ).
- (i) for a motion that does not relate to a request for approval to keep or bring an animal on a lot or common property—21 days after the notice is given under section 68 (2) (the relevant period ); or
- (ii) for a motion that relates to a request for approval to keep or bring an animal on a lot or common property—21 days after the request was made to the committee (also the relevant period ).
- (a) the majority of all members of the committee entitled to vote on the motion agree to the motion; or
- (b) one-half or more of all members of the committee entitled to vote on the motion do not agree to the motion.
- (a) if the motion is a motion mentioned in subsection (1) (b) (i) —the motion is taken to have not been agreed to if, within the relevant period for the motion, a decision can not be made under subsection (2) ; and
- (b) if the motion is a motion mentioned in subsection (1) (b) (ii) —the committee is taken to have decided to approve the request if, within the relevant period for the motion, a decision can not be made under subsection (2) .
- (a) if the motion is decided under subsection (2) —as soon as practicable after the decision is made; or
- (b) if subsection (3) (b) applies—as soon as practicable after the relevant period ends.