Forums By-laws and outlaws Current Page

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  • #75285 Reply | Quote
    UberOwner
    Flatchatter

      In NSW, a motion for a new or changed by-law requires 75% of apartment owners to agree for the motion to pass. Does anyone know if the 75% is based on unit entitlements, or is it based on number of lots where each lot gets one vote? My apartment block has lots all with different entitlements.

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      Jimmy-T
      Keymaster

        In NSW, a by-law requires approval by 75 per cent of the unit entitlements of owners voting in person, by proxy or by other valid means.  NB: Not all owners – just those voting.

        Your agenda should note which motions will require a special resolution, and special resolutions must be calculated by unit entitlements.

        By the way, any owner can ask for any motion to be calculated by a “poll” vote (unit entitlements), during the discussion or immediately after a show of hands.

        Other states have different methods of calculating special resolutions and different criteria for passing by-laws..

        If you want to be alerted when anyone replies to your posts or responds to this topic, please register and login, then you will be able to subscribe to the topic. The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers. NB: Longer threads may spill over to additional pages - look for the numbers on the bottom right, under the last post.
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      Reply To: How is vote calculated for a by-law?
      PLEASE ... If your property is not in NSW, mention its location (state). Don't identify companies or individuals by name. Don't mention or promote your company or services. Keep acronyms and initials to a minimum. Please, don’t use “quote” unless there is a specific point to which you wish to refer, then highlight (define) that specific passage before you click on "quote". Otherwise just use reply. THANKS.

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