#19068
Jimmy-T
Keymaster
Chat-starter

    @SMO said:
    It is a general misconception that you require 75% of all voters present (either personally or by proxy) to vote in favour of a proposed motion. In fact a special resolution is passed only after a poll is taken at the meeting and not more than 25% in value of the votes, by persons present (either personally or by proxy) and entitled to vote, are against the motion. 

    The problem is that we tend to conflate two issues – the double negative and the fact that it’s the percentage of actual votes cast that count (rather than voters present).

    So here it is in a nutshell.  

    • Special resolutions require a poll vote based on the value of unit entitlements.
    • If more than 25 percent of the value of the votes cast is against the motion it falls.
    • If 75 percent or more of the value of the votes cast are in favour, it passes.

    The arguments over the correct terminology are so eye-glazingly boring and of so little actual significance (as in, make a difference in the real world) that I will continue to say “75 percent of votes in favour”  because that gives people a sense of the size of the task.  They can work out the nitty gritty when they sit down to see if they have the numbers.

     

    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.