sec.20Procedure at first annual general meeting etc.

sec.20 Procedure at first annual general meeting etc.

This section applies to the nomination and election of a chairperson, secretary and treasurer of a body corporate, and other members of a committee, at any of the following meetings of the body corporate— the first annual general meeting; an extraordinary general meeting convened under section 42 (5)(a)(i) of the modified Act; a meeting convened for the purpose mentioned in section 43 (2A) of the modified Act; the annual general meeting if, because of a resolution of the body corporate under section 41 (1) of the modified Act, or a referee’s order under section 41 (4) or (4A) of the modified Act— a provision of schedule 2 , part 2 of the modified Act does not apply to the body corporate; and schedule 4 , section 10 (f) of the modified Act does not fully apply to the body corporate. The nomination and election must comply with the following rules— The persons entitled to vote at the meeting must decide— if there are more than 3 lessees and subject to section 42 (4) of the modified Act—the number of persons who are to be committee members; and for section 42 (15) of the modified Act—whether the election is to be an open election or by secret ballot. The chairperson of the meeting must call upon the persons present and entitled to nominate candidates to nominate candidates for election as chairperson, secretary and treasurer of the body corporate and other members of the committee. For entitlement to nominate a candidate, see schedule 2 , part 1 , section 4 of the modified Act. A nomination is ineffective unless supported by the consent of the nominee to the nomination, given— in writing to the chairperson of the meeting; or orally, if the nominee is present at the meeting. The election of the chairperson, secretary and treasurer of a body corporate, and the other members of a committee, must be conducted separately. When there are no further nominations for each election, the chairperson of the meeting must— if there is only 1 nomination for any 1 or more of the offices of chairperson, secretary or treasurer of the body corporate—declare the candidate is elected as the chairperson, secretary or treasurer, as applicable; or if the number of candidates for other members of the committee equals the number of other members of the committee decided under section 42 (4) of the modified Act—declare the candidates are elected as the other members of the committee; or if there is more than 1 candidate for any 1 or more of the offices of the chairperson, secretary or treasurer of the body corporate—direct a ballot be held for the offices for which there is more than 1 candidate; or if the number of candidates for other members of the committee is more than the number of other members of the committee decided under section 42 (4) of the modified Act—direct a ballot be held. For each ballot held, the chairperson of the meeting must— announce the names of the candidates and, for each candidate, whether the candidate is a lessee or, if not, by whom the candidate was nominated; and give to each person present and entitled to vote— for an open election—a blank paper for each lot entitling that person to vote, for use as a ballot paper; or for an election by secret ballot—a blank paper for each lot entitling the person to vote, and a ballot paper envelope and particulars envelope that comply with section 21B . A person who is entitled to vote must complete a valid ballot paper by— for the election of the chairperson, secretary or treasurer of the body corporate—writing on the ballot paper the name of a candidate; or for the election of the other members of the committee—writing on the ballot paper the names of candidates, equal in number to the number of other members of the committee decided under section 42 (4) of the modified Act, so that no name is repeated. Also, a person who is entitled to vote must— if the election is an open election— indicate on the ballot paper the number of the lot entitling the person to vote and whether the person votes in the capacity of lessee, first mortgagee, proxy, nominee or trustee; and sign the ballot paper; and return the ballot paper to the chairperson of the meeting; or if the election is by secret ballot— complete the ballot paper in accordance with section 21B ; and return the ballot paper to the chairperson of the meeting. The chairperson of the meeting, or a person appointed by the chairperson of the meeting, must count the votes recorded on valid ballot papers in favour of each candidate. Subject to rule 9 , for the election of the other members of a committee, the candidates, being equal in number to the number of other members of the committee decided under section 42 (4) of the modified Act, who receive the highest numbers of votes must be declared elected to the committee. This rule applies if— the number of votes recorded in favour of a candidate is the lowest of the numbers of votes mentioned in rule 8 ; and the number of votes equals the number of votes recorded in favour of another candidate; and if the candidates mentioned in paragraphs (a) and (b) were to be declared elected, the number of persons elected would exceed the number of persons required to be elected. The election, as between those candidates, must be decided by lot. (amended) (sec.20-ssec.1) This section applies to the nomination and election of a chairperson, secretary and treasurer of a body corporate, and other members of a committee, at any of the following meetings of the body corporate— the first annual general meeting; an extraordinary general meeting convened under section 42 (5)(a)(i) of the modified Act; a meeting convened for the purpose mentioned in section 43 (2A) of the modified Act; the annual general meeting if, because of a resolution of the body corporate under section 41 (1) of the modified Act, or a referee’s order under section 41 (4) or (4A) of the modified Act— a provision of schedule 2 , part 2 of the modified Act does not apply to the body corporate; and schedule 4 , section 10 (f) of the modified Act does not fully apply to the body corporate. (sec.20-ssec.2) The nomination and election must comply with the following rules— The persons entitled to vote at the meeting must decide— if there are more than 3 lessees and subject to section 42 (4) of the modified Act—the number of persons who are to be committee members; and for section 42 (15) of the modified Act—whether the election is to be an open election or by secret ballot. The chairperson of the meeting must call upon the persons present and entitled to nominate candidates to nominate candidates for election as chairperson, secretary and treasurer of the body corporate and other members of the committee. For entitlement to nominate a candidate, see schedule 2 , part 1 , section 4 of the modified Act. A nomination is ineffective unless supported by the consent of the nominee to the nomination, given— in writing to the chairperson of the meeting; or orally, if the nominee is present at the meeting. The election of the chairperson, secretary and treasurer of a body corporate, and the other members of a committee, must be conducted separately. When there are no further nominations for each election, the chairperson of the meeting must— if there is only 1 nomination for any 1 or more of the offices of chairperson, secretary or treasurer of the body corporate—declare the candidate is elected as the chairperson, secretary or treasurer, as applicable; or if the number of candidates for other members of the committee equals the number of other members of the committee decided under section 42 (4) of the modified Act—declare the candidates are elected as the other members of the committee; or if there is more than 1 candidate for any 1 or more of the offices of the chairperson, secretary or treasurer of the body corporate—direct a ballot be held for the offices for which there is more than 1 candidate; or if the number of candidates for other members of the committee is more than the number of other members of the committee decided under section 42 (4) of the modified Act—direct a ballot be held. For each ballot held, the chairperson of the meeting must— announce the names of the candidates and, for each candidate, whether the candidate is a lessee or, if not, by whom the candidate was nominated; and give to each person present and entitled to vote— for an open election—a blank paper for each lot entitling that person to vote, for use as a ballot paper; or for an election by secret ballot—a blank paper for each lot entitling the person to vote, and a ballot paper envelope and particulars envelope that comply with section 21B . A person who is entitled to vote must complete a valid ballot paper by— for the election of the chairperson, secretary or treasurer of the body corporate—writing on the ballot paper the name of a candidate; or for the election of the other members of the committee—writing on the ballot paper the names of candidates, equal in number to the number of other members of the committee decided under section 42 (4) of the modified Act, so that no name is repeated. Also, a person who is entitled to vote must— if the election is an open election— indicate on the ballot paper the number of the lot entitling the person to vote and whether the person votes in the capacity of lessee, first mortgagee, proxy, nominee or trustee; and sign the ballot paper; and return the ballot paper to the chairperson of the meeting; or if the election is by secret ballot— complete the ballot paper in accordance with section 21B ; and return the ballot paper to the chairperson of the meeting. The chairperson of the meeting, or a person appointed by the chairperson of the meeting, must count the votes recorded on valid ballot papers in favour of each candidate. Subject to rule 9 , for the election of the other members of a committee, the candidates, being equal in number to the number of other members of the committee decided under section 42 (4) of the modified Act, who receive the highest numbers of votes must be declared elected to the committee. This rule applies if— the number of votes recorded in favour of a candidate is the lowest of the numbers of votes mentioned in rule 8 ; and the number of votes equals the number of votes recorded in favour of another candidate; and if the candidates mentioned in paragraphs (a) and (b) were to be declared elected, the number of persons elected would exceed the number of persons required to be elected. The election, as between those candidates, must be decided by lot. (amended)