#23516
Whale
Flatchatter

    Merrick – if the proposed works on the Common Property will involve any alteration or addition to, or the erection of any new structure on that property, then that requires a special resolution as opposed to an ordinary resolution, the difference being that for the former to pass at least 75% of those entitled to vote at the Meeting (including proxies) would need to do so in favour, with that percentage being determined from the units of entitlement (UOE) of those voting in that way and the aggregate UOE of all those at the Meeting (i.e. a poll vote).

    So if the Motions that you’re concerned about are shown on the Agenda as ordinary resolutions requiring a min. 51% to pass, such as “That the Owners Corporation resolves etc” as opposed to “That the Owners Corporation specially resolves etc”, then they’re out-of-order and any vote on those would need to be deferred (i.e. to another General Meeting); Schedule 2 Clause 35(2) of the Act applies.

    This may be another way to defer any decision until such time as Owners have an opportunity to more properly consider the proposal; Section 65A (1) of the Act applies.