Billen Ben said:
When ammending a special resolution motion the rules are as follows;
Sch 2 SSMA clause 23
Amendment or revocation of unanimous or special resolutionsA unanimous resolution or special resolution of an owners corporation may not be amended or revoked except by a subsequent unanimous resolution or special resolution, as the case may be.
However, a unanimous resolution of an owners corporation dealing with common property may be amended by a special resolution.
So it seems you need a SR motion to amend a SR motion.
I'm not sure that that's the case. The quoted section refers to amending a resolution (ie, one that has already been passed) not a motion to pass a resolution. Even then, as you can see, there are anomalies (for instance, a unanimous resolution dealing with common property can be chancged by a special resolution but unanimous reolutions pertainiong to other issues (like what???) can't.
I'm really not clear on this myself as it seems to me having a motion amended by a simple majority still requires the litmus test of a 75 percent majority to pass into the by-laws. Maybe one of our strata manager or lawyer friends can help.
As for voting with non- discretionary proxies; if non-discretionary proxies mean that the principals have stated the manner in which the proxy is to vote then according to Horsley's Meetings, a fine text regarding meetings, a proxy who casts a vote contrary to the wishes of the principal is still a valid vote as far as the meeting is concerned and it becomes a matter between the principal and proxy.
Yes. I am reliably informed that regardless of how they have been instructed, a proxy-holder may vote in any way they wish*. What they should do is another matter but, for instance, if new information or a particularly compelling argument was presented at a meeting – which is why we have meetings, after all – they are entitled to vote against their instructions. Choose your proxy-holder wisely and discuss the issues with them – 'blind' proxy votes are not good for the process.
*One exception may be the standard inclusion to vote on the appointment of a new strata manager.