Part 43 Additional requirements for special resolution

Part 4.3 Additional requirements for special resolution Section 4.9 page 62 Retirement Villages Regulation 2013 Effective: 01/11/25 R12 01/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (d) state that, if a resident wishes to cast their vote before the meeting, the resident may— (i) ask the entity that convened the meeting for a ballot paper; and (ii) cast a postal vote in accordance with section 4.9. 4.9 Special resolution—postal vote (1) A qualified voter may, before a meeting for a special resolution, cast a vote (a postal vote) by giving it in writing to— (a) the residents committee; or (b) if the residents committee has not convened the meeting or there is no residents committee for the village—the operator of the village. (2) A postal vote received before the meeting must be kept in a safe and secure place. (3) At the meeting, each postal vote must be— (a) accounted for against a current list of residents; and (b) handed to the returning officer. (4) If a qualified voter has cast a postal vote in accordance with this section, the voter cannot— (a) change or withdraw the postal vote; or (b) vote in person or by proxy at the meeting in relation to the special resolution. 4.10 Special resolution—quorum (1) A special resolution submitted at a meeting of the residents of a retirement village must not be considered unless a quorum is able to vote on the resolution at the meeting, either personally, by postal vote or by proxy.

Conduct of written ballots Schedule 4 Additional requirements for special resolution Part 4.3 Section 4.10 R12 01/11/25 Retirement Villages Regulation 2013 Effective: 01/11/25 page 63 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (2) A quorum is made up by 1 of the following: (a) for a village that is subject to a units plan—a minimum of 1/3 of the qualified voters in the units plan; (b) for a village that has fewer than 10 occupied residential premises—the qualified voters from a majority of the occupied premises; (c) in any other case—a minimum of 5 qualified voters, or 1/2 of qualified voters (whichever is the greater). (3) If a quorum is not present within 1/2 an hour after the resolution arises for consideration at the meeting, the meeting must be adjourned for at least 7 days. (4) If a quorum is not present within 1/2 an hour after the time fixed for the adjourned meeting, the qualified voters present personally or by proxy or postal vote constitute a quorum for considering the resolution.

Dictionary page 64 Retirement Villages Regulation 2013 Effective: 01/11/25 R12 01/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Dictionary (see s 3) Note 1 The Legislation Act contains definitions relevant to this regulation. For example: • Act • Corporations Act • director-general (see s 163) • domestic partner (see s 169 (1)) • fail • human rights commission. Note 2 Terms used in this regulation have the same meaning that they have in the Retirement Villages Act 2012 (see Legislation Act, s 148). For example, the following terms are defined in the Retirement Villages Act 2012, dict: • annual management meeting • approved annual budget • capital gain • capital item • capital maintenance • capital works fund • close associate, of the operator of a retirement village • community title scheme • company title scheme • condition report • disclosure statement • former occupant • financial year, of a retirement village • ingoing contribution • operator, of a retirement village • owners corporation • permanently vacate, residential premises • proposed annual budget • prospective resident