#12957
Jimmy-T
Keymaster

    Billen Ben said:

    When ammending a special resolution motion the rules are as follows;

    Sch 2 SSMA clause 23   
    Amendment or revocation of unanimous or special resolutions

    A unanimous resolution or special resolution of an owners corporation may not be amended or revoked except by a subsequent unanimous resolution or special resolution, as the case may be.

    However, a unanimous resolution of an owners corporation dealing with common property may be amended by a special resolution.

    So it seems you need a SR motion to amend a SR motion.

    I'm not sure that that's the case.  The quoted section refers to amending a resolution (ie, one that has already been passed) not a motion to pass a resolution.  Even then, as you can see, there are anomalies (for instance, a unanimous resolution dealing with common property can be chancged by a special resolution but unanimous reolutions pertainiong to other issues (like what???) can't.

    I'm really not clear on this myself as it seems to me having a motion amended by a simple majority still requires the litmus test of a 75 percent majority to pass into the by-laws.  Maybe one of our strata manager or lawyer friends can help.

    As for voting with non- discretionary proxies; if non-discretionary proxies mean that the principals have stated the manner in which the proxy is to vote then according to Horsley's Meetings, a fine text regarding meetings, a proxy who casts a vote contrary to the wishes of the principal is still a valid vote as far as the meeting is concerned and it becomes a matter between the principal and proxy.

    Yes. I am reliably informed that regardless of how they have been instructed, a proxy-holder may vote in any way they wish*.  What they should do is another matter but, for instance, if new information or a particularly compelling argument was presented at a meeting – which is why we have meetings, after all – they are entitled to vote against their instructions.  Choose your proxy-holder wisely and discuss the issues with them  – 'blind' proxy votes are not good for the process.

    *One exception may be the standard inclusion to vote on the appointment of a new strata manager.

    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.