#24917
Whale
Flatchatter

    Just one point of clarification Casuarina.

    The calculation to determine the outcome of voting for a special resolution is on the basis of the numbers of votes cast by those present at the meeting both in person and by proxy, expressed as a percentage of the aggregate units of entitlement (UOE) of only their lots; not the aggregate for the entire Scheme.

    So if your Scheme’s absent owner declines to nominate a proxy or abstains from voting altogether, then as the other owners would hold 100% of the aggregate UOE for the meeting, a vote in favour by each of them would result in a unanimous resolution; not 76% in favour of the special resolution as you believe.

    In my experience that subtle difference can mean a lot should the resultant Special By-Law ever be subject to challenge.