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@JimmyT said:In NSW, the definition of a special resolution (which is required for a change of by-laws) is: “a resolution which is passed at a duly convened general meeting of an owners corporation and against which not more than one-quarter in value … of votes is cast.”
So, if abstention is not voting – or not “casting” a vote – then the abstentions are not counted in the overall figure in NSW.
Actually I think it’s less clear than is generally stated. It is quite possible that the NSW legislation intended to operate similar to the ACT but just worded it badly.
Daniel Russell agreed with and explained the Ilkin position quite well, on [another website].
It’s also worth noting that the SSMA 2015 has clarified this issue by creating a better definition of special resolution, without the ambiguity. It clarifies against the Ilkin/Russell interpretation, but the legislators did bother to redefine the Special Resolution – which I think acknowledges the ambiguity in the old definition. Section 5(1) of SSMA 2015 is copied below.
5 Resolutions of owners corporations
(1) In this Act, a resolution of an owners corporation is a special resolution if:
(a) it is passed at a properly convened general meeting, and
(b) not more than 25% of the value of votes cast are against the resolution.