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Building Units and Group Titles Act 1980
sec.45AWhen voting member ineligible to vote at committee meetings
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### sec.45A When voting member ineligible to vote at committee meetings
For this section, a voting member of a committee is a debtor member for a meeting of the committee if—
the member is a proprietor and at the time of the meeting the member owes a relevant body corporate debt to the body corporate; or
the member is an individual nominee of a proprietor who is an individual or a company nominee of a proprietor that is a corporation and at the time of the meeting the proprietor owes a relevant body corporate debt to the body corporate.
A debtor member for a meeting of a committee must not vote at the meeting—
in the member’s own right; or
as a person appointed under section 42 (7) to act in another committee member’s place.
Also, a person appointed under section 42 (7) to act in the place of a debtor member for a meeting of a committee must not exercise a vote on behalf of the debtor member at the meeting.
However, nothing in this section prevents a debtor member for a meeting of a committee from being counted, under section 45 , for deciding whether there is a quorum for the meeting.
s 45A ins 2022 No. 28 s 15
(sec.45A-ssec.1) For this section, a voting member of a committee is a debtor member for a meeting of the committee if— the member is a proprietor and at the time of the meeting the member owes a relevant body corporate debt to the body corporate; or the member is an individual nominee of a proprietor who is an individual or a company nominee of a proprietor that is a corporation and at the time of the meeting the proprietor owes a relevant body corporate debt to the body corporate.
(sec.45A-ssec.2) A debtor member for a meeting of a committee must not vote at the meeting— in the member’s own right; or as a person appointed under section 42 (7) to act in another committee member’s place.
(sec.45A-ssec.3) Also, a person appointed under section 42 (7) to act in the place of a debtor member for a meeting of a committee must not exercise a vote on behalf of the debtor member at the meeting.
(sec.45A-ssec.4) However, nothing in this section prevents a debtor member for a meeting of a committee from being counted, under section 45 , for deciding whether there is a quorum for the meeting.
- (a) the member is a proprietor and at the time of the meeting the member owes a relevant body corporate debt to the body corporate; or
- (b) the member is an individual nominee of a proprietor who is an individual or a company nominee of a proprietor that is a corporation and at the time of the meeting the proprietor owes a relevant body corporate debt to the body corporate.
- (a) in the member’s own right; or
- (b) as a person appointed under section 42 (7) to act in another committee member’s place.