Body Corporate and Community Management Act 1997
sec.106Counting of votes for special resolution
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sec.106 Counting of votes for special resolution
This section applies if a motion is to be decided by special resolution at a general meeting of the body corporate for a community titles scheme. One vote only may be exercised for each lot included in the scheme, whether personally, by proxy or in writing. The motion is passed by special resolution only if— at least two-thirds of the votes cast are in favour of the motion; and the number of votes counted against the motion are not more than 25% of the number of lots included in the scheme; and the total of the contribution schedule lot entitlements for the lots for which votes are counted against the motion is not more than 25% of the total of the contribution schedule lot entitlements for all lots included in the scheme. s 106 amd 2003 No. 6 s 36 ; 2023 No. 29 s 8 (sec.106-ssec.1) This section applies if a motion is to be decided by special resolution at a general meeting of the body corporate for a community titles scheme. (sec.106-ssec.2) One vote only may be exercised for each lot included in the scheme, whether personally, by proxy or in writing. (sec.106-ssec.3) The motion is passed by special resolution only if— at least two-thirds of the votes cast are in favour of the motion; and the number of votes counted against the motion are not more than 25% of the number of lots included in the scheme; and the total of the contribution schedule lot entitlements for the lots for which votes are counted against the motion is not more than 25% of the total of the contribution schedule lot entitlements for all lots included in the scheme.
- (a) at least two-thirds of the votes cast are in favour of the motion; and
- (b) the number of votes counted against the motion are not more than 25% of the number of lots included in the scheme; and
- (c) the total of the contribution schedule lot entitlements for the lots for which votes are counted against the motion is not more than 25% of the total of the contribution schedule lot entitlements for all lots included in the scheme.