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Dudley – yes a Special Resolution can be voted upon by mail, by your absent owner “attending” the General Meeting by way of a proxy granted to someone who is personally attending, and at their option by instructing that person how to exercise that proxy; i.e. how to vote on the Motion.
In order for a Special Resolution to pass, there needs to be agreement by ≥75% of those in attendance both personally and by proxy at the General Meeting, and whilst that could be 3 of the 4 Owners, remember that the percentage in favour is calculated on the basis of the total (lot) unit entitlements of those Owners ÷ the aggregate unit entitlement for the Plan.
As I said before, you only need the Special Resolution to actually adopt the Model By-Law #22 that’s already provided in the Regulation. There’s no need to then Register that as a Special By-Law!
Your O/C will then have the basis upon which to instruct its Strata Manager to include a proforma e-mail notification with the next Levy mail-out so as to enable Owners to provide that as their “address for the service of notices”.
Remember though, if an Owner chooses not to provide an e-mail address then you’re stuck with snail-mail for that individual.
Hope that’s cleared things up!
