#14097
leif
Flatchatter
Chat-starter

    Resolution: A decision of the meeting (after taking a vote) and 25% or more owners present

    Special Resolution: No more than 25% of votes are cast against and 25% or more owners present

    Unanimous Resolution: No vote is against, and 25% or more owners present

    As a normal AGM struggles to get the quorum 25% of owners is the Special Resolution then possible to be No more than 25% of 25% of owners vote against.

    Or in plain English

    If a quorum is at the meeting (25% of owners), it takes 50% precent
    of the attendees (that is equal to 12.5% of the owners) to pass a special
    resolution provided less than 25% of the attendees (that is equal to 6.5% of the owners) do vote against

    And if based on majority of votes, and there are owners abstaining from voting the actual percentage of owners voting in favour could be even smaller.

    This would then comply with the “definitions” of the ACT

    And in the ACT

    27 How is strata managing agent appointed

    …. By a resolution at a meeting.

    47 Amendment or repeal of by laws

    An owner’s corporation, in accordance with a special resolution (does not refer to a meeting)

    62 What are the duties of an owner’s corporation?

    (3) This clause does not apply to a particular item of property
    if the owner’s corporation determines by special resolution that: (does not
    refer to a meeting)

    The question is does it mean owners corporation or a quorum of owners corporation members when in some instances it says meeting and in other it does not.

    I assumed it meant as printed majority of all owners, not as seems to be the case the majority at a meeting with quorum.  A possible change from 50% of owners to possible 12.5% or even less if there is owner present that abstains from voting.

    I can recall but not find the source. When the required number cannot be achieved in a meeting and no negative vote is casted a second meeting can be called and only a majority at the meeting is required.

    Hence my understanding owner’s corporation means Owners Corporation and not a quorum of owners unless specifically defined as in case one.

     

    Thanks Jimmy for your first reply