sch.4-sec.5Persons entitled to vote at meetings

### sch.4-sec.5 Persons entitled to vote at meetings Subject to section 131 , a person is entitled to vote at a meeting in respect of any lot 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 a lease of a lot as shown on the roll, or, where the first mortgagee is a corporation, the company nominee of that corporation, as shown on that roll, is entitled to cast a vote at a meeting in respect of that lot under section 131 . (amended) Despite section 53 (11) , co-lessees or co-mortgagees 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 the person’s appointment has been given to the secretary of the body corporate before the commencement of the meeting. (amended) Only the lessee entitled to the first of 2 or more successive estates in a lot is, subject to this part, entitled to cast a vote at a meeting. (amended) A lessee who is the trustee of the leasehold estate in a lot is, subject to this part, entitled to cast a vote at a meeting and the persons beneficially interested in the trust are not entitled to cast a vote. (amended) Despite any other provision of this Act, a person shall not be entitled to cast a vote at a meeting except in respect of a motion for a resolution which to be effective must be passed by unanimous resolution or resolution without dissent 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 at the date of the notice given under clause 3(1), have been duly paid before the commencement of the meeting. The voting rights conferred by this clause are subject to section 53 (11) and (12) . (sch.4-sec.5-ssec.1) Subject to section 131 , a person is entitled to vote at a meeting in respect of any lot 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.5-ssec.2) Despite any other provision of this clause, a first mortgagee of a lease of a lot as shown on the roll, or, where the first mortgagee is a corporation, the company nominee of that corporation, as shown on that roll, is entitled to cast a vote at a meeting in respect of that lot under section 131 . (amended) (sch.4-sec.5-ssec.3) Despite section 53 (11) , co-lessees or co-mortgagees 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 the person’s appointment has been given to the secretary of the body corporate before the commencement of the meeting. (amended) (sch.4-sec.5-ssec.4) Only the lessee entitled to the first of 2 or more successive estates in a lot is, subject to this part, entitled to cast a vote at a meeting. (amended) (sch.4-sec.5-ssec.5) A lessee who is the trustee of the leasehold estate in a lot is, subject to this part, entitled to cast a vote at a meeting and the persons beneficially interested in the trust are not entitled to cast a vote. (amended) (sch.4-sec.5-ssec.6) Despite any other provision of this Act, a person shall not be entitled to cast a vote at a meeting except in respect of a motion for a resolution which to be effective must be passed by unanimous resolution or resolution without dissent 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 at the date of the notice given under clause 3(1), have been duly paid before the commencement of the meeting. (sch.4-sec.5-ssec.7) The voting rights conferred by this clause are subject to section 53 (11) and (12) . - (a) 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 - (b) any other moneys recoverable under this Act by the body corporate from the person at the date of the notice given under clause 3(1), have been duly paid before the commencement of the meeting.