sch.2-sec.5Persons entitled to vote at meetings

### sch.2-sec.5 Persons entitled to vote at meetings Subject to section 131 of this Act, a person is entitled to vote at a meeting in respect of any lot only if the person is the proprietor of that lot as shown on the roll or, where the proprietor so shown is a corporation, the company nominee of that corporation as shown on that roll. Notwithstanding any other provision of this section, a first mortgagee of a lot as shown on the roll, or, where the first mortgagee is a corporation, the company nominee, as shown on that roll, of that corporation is entitled to cast a vote at a meeting in respect of that lot in accordance with section 131 of this Act. Notwithstanding section 53 (11) of this Act coproprietors or comortgagees shall only be entitled to cast a vote by a person duly appointed in writing as a proxy by them jointly and if notice of the person’s appointment has been given to the secretary of the body corporate before the commencement of the meeting. Only the proprietor entitled to the first of 2 or more successive estates in a lot is, subject to this part, entitled to cast a vote at a meeting. A proprietor who is the trustee of a lot is, subject to this part, entitled to cast a vote at a meeting and the persons beneficially interested in the trust are not entitled to cast a vote. Notwithstanding any other provision of this Act, a person shall not be entitled to cast a vote at a meeting except in respect of a motion for a resolution which to be effective must be passed by unanimous resolution or resolution without dissent unless— all contributions levied and due and payable at least 30 days before the meeting in respect of the lot in respect of which the person is entitled to vote; and any other moneys recoverable under this Act by the body corporate from the person at the date of the notice given under section 3 (1) ; have been duly paid before the commencement of the meeting. The voting rights conferred by this section are subject to section 53 (11) and (12) of this Act. sch 2 pt 1 s 5 amd 1988 No. 23 s 80 (b) ; 2005 No. 14 s 2 sch (sch.2-sec.5-ssec.1) Subject to section 131 of this Act, a person is entitled to vote at a meeting in respect of any lot only if the person is the proprietor of that lot as shown on the roll or, where the proprietor so shown is a corporation, the company nominee of that corporation as shown on that roll. (sch.2-sec.5-ssec.2) Notwithstanding any other provision of this section, a first mortgagee of a lot as shown on the roll, or, where the first mortgagee is a corporation, the company nominee, as shown on that roll, of that corporation is entitled to cast a vote at a meeting in respect of that lot in accordance with section 131 of this Act. (sch.2-sec.5-ssec.3) Notwithstanding section 53 (11) of this Act coproprietors or comortgagees shall only be entitled to cast a vote by a person duly appointed in writing as a proxy by them jointly and if notice of the person’s appointment has been given to the secretary of the body corporate before the commencement of the meeting. (sch.2-sec.5-ssec.4) Only the proprietor entitled to the first of 2 or more successive estates in a lot is, subject to this part, entitled to cast a vote at a meeting. (sch.2-sec.5-ssec.5) A proprietor who is the trustee of a lot is, subject to this part, entitled to cast a vote at a meeting and the persons beneficially interested in the trust are not entitled to cast a vote. (sch.2-sec.5-ssec.6) Notwithstanding any other provision of this Act, a person shall not be entitled to cast a vote at a meeting except in respect of a motion for a resolution which to be effective must be passed by unanimous resolution or resolution without dissent unless— all contributions levied and due and payable at least 30 days before the meeting in respect of the lot in respect of which the person is entitled to vote; and any other moneys recoverable under this Act by the body corporate from the person at the date of the notice given under section 3 (1) ; have been duly paid before the commencement of the meeting. (sch.2-sec.5-ssec.7) The voting rights conferred by this section are subject to section 53 (11) and (12) of this Act. - (a) all contributions levied and due and payable at least 30 days before the meeting in respect of the lot in respect of which the person is entitled to vote; and - (b) any other moneys recoverable under this Act by the body corporate from the person at the date of the notice given under section 3 (1) ;