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  • #11768
    Faraway girl
    Flatchatter

      would somebody( anybody) advise how Poll Votes are counted. The NSW SSMA is a bit unclear. My reading of the section says that a poll vote is counted by using the lot entitlements but some believe that a poll vote is the exact same as a special resolution so needs 75% of lot entitlements to get through. 

      Would appreciate a clarification please 

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    • #29966
      scotlandx
      Strataguru

        A poll vote is calculated by unit entitlement – that is, where there is a poll vote, you calculate the result by reference to the unit entitlements attached to each vote.

        For a special resolution any resolution is calculated by reference to unit entitlements, it is always a poll vote.

        For an ordinary resolution you can vote either by a show of hands – one vote for each person/lot owner present and voting. Or any owner present and entitled to vote can call for a poll on an ordinary resolution, in which case the votes are calculated by reference to unit entitlement. If an owner or owners has/have enough unit entitlements, this can change the outcome of the vote.

        #29971
        Faraway girl
        Flatchatter
        Chat-starter

          Thank you scotlandx. So if a special resolution is required there must be 75% or more of the votes in favour but in just a poll vote it can be the majority of unit entitlements in favour. Is this correct? 

          #29974
          scotlandx
          Strataguru

            No that’s not correct.

            A special resolution will always be a poll vote. A special resolution requires 75%.

            An ordinary resolution requires a majority, i.e. more than 50%, whether it is on a show of hands or by a poll vote.

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