#23906
Whale
Flatchatter

    Dudley – to answer your questions in their same order:

    1. If those Owners who vote on the Motion, including by proxy, do so in favour then its carried, and the Owners Corporation would use its (collective) funds to pay for the work
    2. Albeit minor, the proposed works would comprise and addition (i.e. a switch and some wiring) to the Common Property, and if that strict line is taken then the applicable Motion must be put as a Special Resolution that to pass requires ≥75% to vote in favour in accordance with the unit entitlement of their respective Lots. So in your Plan’s situation, YES, 3 of the 4 Owners would need to vote in favour for the Special Resolution to pass.

    If I’m correct by assuming that you don’t want the Motion to pass, remember that as the wording of the Act actually states that for a Special Resolution to pass, a vote against by “not more than one-quarter in value” is required, in your situation with four (4) Lots having equal value (i.e. units of entitlement), a vote against by you alone won’t defeat the Motion.