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Building Units and Group Titles Act 1980
sch.2-sec.12Counting of votes
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### sch.2-sec.12 Counting of votes
Subject to this section, a motion submitted at a meeting shall be decided according to the number of votes cast for and against the motion, whether personally or by proxy, 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 meeting 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
a motion submitted at the 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 or by proxy.
For the purposes of subsection (2) the value of a vote cast on a motion submitted at a meeting 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A demand for a poll may be withdrawn by the person who made it.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 on 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-sec.12-ssec.1) Subject to this section, a motion submitted at a meeting shall be decided according to the number of votes cast for and against the motion, whether personally or by proxy, 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.12-ssec.2) If— a poll is demanded by any person entitled to vote at a meeting 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 a motion submitted at the 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 or by proxy.
(sch.2-sec.12-ssec.3) For the purposes of subsection (2) the value of a vote cast on a motion submitted at a meeting by a person entitled to vote in respect of a lot is equal to the lot entitlement of that lot.
(sch.2-sec.12-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.12-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.12-ssec.5) A poll shall be taken in such manner as the chairperson thinks fit.
(sch.2-sec.12-ssec.6) A demand for a poll may be withdrawn by the person who made it.
(sch.2-sec.12-ssec.7) In the case of equality in the votes whether on a show of hands or on 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 meeting 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
- (b) a motion submitted at the meeting is for a resolution which, if it is to be effective, is required by this Act to be a special resolution;