Body Corporate and Community Management Act 1997
sec.111Voting other than at general meeting
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sec.111 Voting other than at general meeting
This section— provides a way for the body corporate for a community titles scheme to decide a motion other than at a general meeting; but applies to a community titles scheme only if the regulation module applying to the scheme says it applies. A resolution on a motion may be passed by the body corporate, and has effect as a resolution without dissent, special resolution or ordinary resolution as may be required for the motion, even though the motion is not placed before and decided at a general meeting of the body corporate, if— a vote on the motion is exercised for each lot included in the scheme; and the vote for each lot is exercised by a person who would be entitled (other than merely as a proxy) to exercise the vote for the lot at a general meeting held to decide the motion; and each vote is a vote for the motion; and each vote is given or confirmed in writing. s 111 ins 1997 No. 78 s 13 (sec.111-ssec.1) This section— provides a way for the body corporate for a community titles scheme to decide a motion other than at a general meeting; but applies to a community titles scheme only if the regulation module applying to the scheme says it applies. (sec.111-ssec.2) A resolution on a motion may be passed by the body corporate, and has effect as a resolution without dissent, special resolution or ordinary resolution as may be required for the motion, even though the motion is not placed before and decided at a general meeting of the body corporate, if— a vote on the motion is exercised for each lot included in the scheme; and the vote for each lot is exercised by a person who would be entitled (other than merely as a proxy) to exercise the vote for the lot at a general meeting held to decide the motion; and each vote is a vote for the motion; and each vote is given or confirmed in writing.
- (a) provides a way for the body corporate for a community titles scheme to decide a motion other than at a general meeting; but
- (b) applies to a community titles scheme only if the regulation module applying to the scheme says it applies.
- (a) a vote on the motion is exercised for each lot included in the scheme; and
- (b) the vote for each lot is exercised by a person who would be entitled (other than merely as a proxy) to exercise the vote for the lot at a general meeting held to decide the motion; and
- (c) each vote is a vote for the motion; and
- (d) each vote is given or confirmed in writing.