sch.2-sec.11-oc.2Counting of votes on motions

### sch.2-sec.11-oc.2 Counting of votes on motions Subject to this section, a motion submitted at a general meeting of a body corporate shall be decided according to the number of votes cast for and against the motion, whether personally, by proxy or in writing, each person entitled to vote having 1 vote in respect of each lot in respect of which the person is entitled to vote. If— a poll is demanded by any person entitled to vote at a general meeting of a body corporate on a motion submitted at that meeting, whether or not the motion has been decided in accordance with subsection (1) , and the demand is made by that person personally at the meeting or on the voting paper on which the person votes in respect of that motion; or a motion submitted at such a meeting is for a resolution which, if it is to be effective, is required by this Act to be a special resolution; the motion shall be decided according to the value, ascertained in accordance with subsection (3) , of the votes cast for and against the motion, whether personally, by proxy or in writing. For the purposes of subsection (2) the value of a vote cast on a motion submitted at a general meeting of a body corporate by a person entitled to vote in respect of a lot is equal to the lot entitlement of that lot. Any one coproprietor or comortgagee may demand a poll and on any poll each coproprietor or comortgagee shall be entitled to such part of the vote applicable to a lot as is proportional to his or her interest in the lot. A joint proxy (if any) on a poll shall have a vote proportional to the interests in the lot of such of the coproprietors or comortgagees as do not vote personally or by individual proxy. A poll shall be taken in such manner as the chairperson thinks fit. A demand for a poll may be withdrawn by the person who made it. In the case of equality in the votes whether on a show of hands or in a poll the chairperson of the meeting shall be entitled to a casting vote in addition to the chairperson’s original vote whether or not the chairperson has exercised that original vote. sch 2 pt 2 s 11 amd 1988 No. 23 s 81 (e) ; 1990 No. 87 s 22 (e) (sch.2-sec.11-oc.2-ssec.1) Subject to this section, a motion submitted at a general meeting of a body corporate shall be decided according to the number of votes cast for and against the motion, whether personally, by proxy or in writing, each person entitled to vote having 1 vote in respect of each lot in respect of which the person is entitled to vote. (sch.2-sec.11-oc.2-ssec.2) If— a poll is demanded by any person entitled to vote at a general meeting of a body corporate on a motion submitted at that meeting, whether or not the motion has been decided in accordance with subsection (1) , and the demand is made by that person personally at the meeting or on the voting paper on which the person votes in respect of that motion; or a motion submitted at such a meeting is for a resolution which, if it is to be effective, is required by this Act to be a special resolution; the motion shall be decided according to the value, ascertained in accordance with subsection (3) , of the votes cast for and against the motion, whether personally, by proxy or in writing. (sch.2-sec.11-oc.2-ssec.3) For the purposes of subsection (2) the value of a vote cast on a motion submitted at a general meeting of a body corporate by a person entitled to vote in respect of a lot is equal to the lot entitlement of that lot. (sch.2-sec.11-oc.2-ssec.4) Any one coproprietor or comortgagee may demand a poll and on any poll each coproprietor or comortgagee shall be entitled to such part of the vote applicable to a lot as is proportional to his or her interest in the lot. (sch.2-sec.11-oc.2-ssec.4A) A joint proxy (if any) on a poll shall have a vote proportional to the interests in the lot of such of the coproprietors or comortgagees as do not vote personally or by individual proxy. (sch.2-sec.11-oc.2-ssec.5) A poll shall be taken in such manner as the chairperson thinks fit. (sch.2-sec.11-oc.2-ssec.6) A demand for a poll may be withdrawn by the person who made it. (sch.2-sec.11-oc.2-ssec.7) In the case of equality in the votes whether on a show of hands or in a poll the chairperson of the meeting shall be entitled to a casting vote in addition to the chairperson’s original vote whether or not the chairperson has exercised that original vote. - (a) a poll is demanded by any person entitled to vote at a general meeting of a body corporate on a motion submitted at that meeting, whether or not the motion has been decided in accordance with subsection (1) , and the demand is made by that person personally at the meeting or on the voting paper on which the person votes in respect of that motion; or - (b) a motion submitted at such a meeting is for a resolution which, if it is to be effective, is required by this Act to be a special resolution;