sch.4-sec.2-oc.2Persons entitled to vote at general meetings

### sch.4-sec.2-oc.2 Persons entitled to vote at general meetings Subject to section 131 , a person is entitled to vote in respect of any lot on any motion submitted at a general meeting of a body corporate or on an election of the chairperson, secretary and treasurer of the body corporate and other members of the committee only if he or she is the lessee of that lot as shown on the roll or, where the lessee so shown is a corporation, the company nominee of that corporation as shown on that roll. (amended) Despite any other provision of this clause, a first mortgagee of the lease 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 vote in respect of that lot on any motion submitted at a general meeting of a body corporate or on an election of the chairperson, secretary and treasurer of the body corporate and members of the committee under section 131 . (amended) Despite section 53 (11) , co-lessees or co-mortgagees including, where a co-lessee or co-mortgagee is a corporation, the company nominee of that corporation as shown on the roll 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 his or her appointment has been given to the secretary of the body corporate before the commencement of the meeting at which the vote is cast or by furnishing to the secretary of the body corporate a voting paper referred to in clause 1(6)(b) indicating their joint vote on that motion or, where relevant, a ballot paper, duly completed, referred to in clause 1(5)(c). (amended) Only the lessee entitled to the first of 2 or more successive estates in a lot or, where that lessee is a corporation, the company nominee of that corporation as shown on the roll is, subject to this part, entitled to cast a vote on a motion submitted at a general meeting of a body corporate or on an election of the chairperson, secretary and treasurer of the body corporate and other members of the committee. (amended) A lessee who is the trustee of the leasehold estate in a lot or, where that lessee is a corporation, the company nominee of that corporation as shown on the roll is, subject to this part, entitled to cast a vote on a motion submitted at a general meeting of a body corporate or on an election of the chairperson, secretary and treasurer of the body corporate and other members of the committee and the persons beneficially interested in the trust are not entitled to cast such a vote. (amended) Despite any other provision of this Act, at a general meeting of the body corporate a person shall not be entitled to vote in respect of— any motion other than a motion which to be effective must be passed by unanimous resolution or resolution without dissent; or the election of the chairperson, secretary or treasurer of the body corporate or the other members of the committee; unless— all contributions levied and due and payable at least 30 days before the meeting in respect of the lot in respect of which he or she is entitled to vote; and any other moneys recoverable under this Act by the body corporate from the person or the lessee of the lot at the date of the notice given under clause 1(4); have been duly paid before the commencement of the meeting. (amended) The voting rights conferred by this clause are subject to section 53 (11) and (12) . (sch.4-sec.2-oc.2-ssec.1) Subject to section 131 , a person is entitled to vote in respect of any lot on any motion submitted at a general meeting of a body corporate or on an election of the chairperson, secretary and treasurer of the body corporate and other members of the committee only if he or she is the lessee of that lot as shown on the roll or, where the lessee so shown is a corporation, the company nominee of that corporation as shown on that roll. (amended) (sch.4-sec.2-oc.2-ssec.2) Despite any other provision of this clause, a first mortgagee of the lease 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 vote in respect of that lot on any motion submitted at a general meeting of a body corporate or on an election of the chairperson, secretary and treasurer of the body corporate and members of the committee under section 131 . (amended) (sch.4-sec.2-oc.2-ssec.3) Despite section 53 (11) , co-lessees or co-mortgagees including, where a co-lessee or co-mortgagee is a corporation, the company nominee of that corporation as shown on the roll 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 his or her appointment has been given to the secretary of the body corporate before the commencement of the meeting at which the vote is cast or by furnishing to the secretary of the body corporate a voting paper referred to in clause 1(6)(b) indicating their joint vote on that motion or, where relevant, a ballot paper, duly completed, referred to in clause 1(5)(c). (amended) (sch.4-sec.2-oc.2-ssec.4) Only the lessee entitled to the first of 2 or more successive estates in a lot or, where that lessee is a corporation, the company nominee of that corporation as shown on the roll is, subject to this part, entitled to cast a vote on a motion submitted at a general meeting of a body corporate or on an election of the chairperson, secretary and treasurer of the body corporate and other members of the committee. (amended) (sch.4-sec.2-oc.2-ssec.5) A lessee who is the trustee of the leasehold estate in a lot or, where that lessee is a corporation, the company nominee of that corporation as shown on the roll is, subject to this part, entitled to cast a vote on a motion submitted at a general meeting of a body corporate or on an election of the chairperson, secretary and treasurer of the body corporate and other members of the committee and the persons beneficially interested in the trust are not entitled to cast such a vote. (amended) (sch.4-sec.2-oc.2-ssec.6) Despite any other provision of this Act, at a general meeting of the body corporate a person shall not be entitled to vote in respect of— any motion other than a motion which to be effective must be passed by unanimous resolution or resolution without dissent; or the election of the chairperson, secretary or treasurer of the body corporate or the other members of the committee; unless— all contributions levied and due and payable at least 30 days before the meeting in respect of the lot in respect of which he or she is entitled to vote; and any other moneys recoverable under this Act by the body corporate from the person or the lessee of the lot at the date of the notice given under clause 1(4); have been duly paid before the commencement of the meeting. (amended) (sch.4-sec.2-oc.2-ssec.7) The voting rights conferred by this clause are subject to section 53 (11) and (12) . - (a) any motion other than a motion which to be effective must be passed by unanimous resolution or resolution without dissent; or - (b) the election of the chairperson, secretary or treasurer of the body corporate or the other members of the committee; - (c) all contributions levied and due and payable at least 30 days before the meeting in respect of the lot in respect of which he or she is entitled to vote; and - (d) any other moneys recoverable under this Act by the body corporate from the person or the lessee of the lot at the date of the notice given under clause 1(4);