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would somebody( anybody) advise how Poll Votes are counted. The NSW SSMA is a bit unclear. My reading of the section says that a poll vote is counted by using the lot entitlements but some believe that a poll vote is the exact same as a special resolution so needs 75% of lot entitlements to get through.
Would appreciate a clarification please
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A poll vote is calculated by unit entitlement – that is, where there is a poll vote, you calculate the result by reference to the unit entitlements attached to each vote.
For a special resolution any resolution is calculated by reference to unit entitlements, it is always a poll vote.
For an ordinary resolution you can vote either by a show of hands – one vote for each person/lot owner present and voting. Or any owner present and entitled to vote can call for a poll on an ordinary resolution, in which case the votes are calculated by reference to unit entitlement. If an owner or owners has/have enough unit entitlements, this can change the outcome of the vote.
No that’s not correct.
A special resolution will always be a poll vote. A special resolution requires 75%.
An ordinary resolution requires a majority, i.e. more than 50%, whether it is on a show of hands or by a poll vote.