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There is no provision in the act to revote a motion that has passed or failed. It stands as it was voted on in the first place, unless the poll vote tips the result the other way.
True, but I can see an informal situation where a chair might encourage, say, members who had abstained to decide one way or the other in a re-vote. Would that be legal, strictly speaking? No. Would it end up in the decision being challenged at NCAT? Possibly, but I’ve never heard of it. We all know that smart strata chairs will bend the rules a little just to keep things moving forward. But I should have made it clear that was an informal option.
Any motion can be amended at the meeting.
True, but this would have to happen before the deadlocked vote or the “no re-vote” situation would apply. I can see this happening in a small scheme or one with poorly attended general meetings where the chai had counted heads and knew there was going to be deadlock.
A candidate can be not elected if the number of positions to be voted for are less than the number of candidates.
Not sure what you mean by this. That is exactly the scenario in which an election would be held otherwise all those nominating would join the committee.
In reality, if the correct process is followed – nominations, followed by a vote on the number of seats, followed by an election if needed – the meeting decides whether or not it wwants an election.
This is often used as a way of keeping people off the committee that the incumbents don’t want there, or a way of taking over a committee by a new group using the support of a majority of owners.