I have a couple of questions. Firstly, I’m interested in your comment above “Until the owner has sold more than 50 percent of the units, the voting power of their unit entitlement is reduced to one third of the actual figure.” – which legislation specifies this, and exactly where can I find it in that legislation?
Strata Schemes Management Act 2015 No 50 – NSW Legislation
(1) Simple majority vote to generally apply
A motion put to a meeting, or an election of officers of the owners corporation or members of the strata committee, is to be decided according to a majority in number of the votes cast for and against the motion with each person having one vote for each lot in respect of which the person is entitled to vote.
(2) Vote of original owner who owns more than half of lots to be reduced
For the purposes of determining an election for officers of the owners corporation or members of the strata committee or appointing a strata managing agent (other than in the case of a poll), if the total unit entitlement of lots of the original owner is not less than half of the aggregate unit entitlement, the value of the vote in respect of the lots held by the original owner is taken to be reduced by two-thirds (ignoring any fraction).
(3) Value of votes to apply for poll
If a poll is demanded by a person present and entitled to vote on a motion or for the election of officers of the owners corporation or members of the strata committee at the meeting, the motion is to be decided according to the value of the votes cast for and against the motion and the value of a vote cast by a person entitled to vote in respect of a lot is equal to the unit entitlement of that lot. However, the value of the vote of an original owner is to be calculated in the same way as for a special resolution.
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.
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