COMMUNITY LAND MANAGEMENT ACT 1989 - SCHEDULE 5
COMMUNITY LAND MANAGEMENT ACT 1989 - SCHEDULE 5
SCHEDULE 5 – First annual general meeting of association
Part 1 - Community associations
1 Definitions
In this Part--
"meeting" means the first annual general meeting of a community association.
"priority vote" , in relation to a community development lot, means a vote
by--
(a) the mortgagee of the lot under a mortgage shown on the community roll as having priority over any other mortgage, and over any covenant charge, shown on the roll in relation to the lot, or
(b) the covenant chargee of the lot under a covenant charge shown on the community roll as having a priority over any mortgage shown on the roll in relation to the lot, or
(c) the covenant chargee of the lot under a covenant charge shown on the community roll without any mortgage being shown on the roll in relation to the lot.
2 Notice of first annual general meeting of community association
(1) For the purpose of preparing notice of the first annual general meeting, the community roll may, without payment or written application, be inspected by--(a) the original proprietor, or(b) an agent authorised in writing by the original proprietor.
(2) Notice of the meeting must be in writing, must set out as the business of the meeting the agenda specified in clause 3 and must be given to--(a) the members of the community association shown on the community roll, and(b) each person shown on the community roll as first mortgagee, or as a covenant chargee, of a community development lot.
(3) Unless a shorter period of notice is fixed by amendment of the community management statement, the notice must be given--(a) at least 21 days before the meeting if the community scheme includes a precinct scheme, or(b) at least 14 days before the meeting if the community scheme does not include a precinct scheme.
(4) The notice must state that a vote at the meeting by the proprietor of a community development lot does not count if a priority vote in respect of the lot is cast in relation to the same matter.
(5) The notice must state that a member or, if a member is the proprietor of a community development lot, a person with a priority vote in relation to the lot may not vote at the meeting on a motion for an ordinary or special resolution unless payment has been made before the meeting of--(a) all contributions that have been levied under the community scheme on the member and are payable as at the date of the notice, and(b) any other money that is recoverable by the association from the member as at the date of the notice.
(6) The notice must state that--(a) if the addressee is not a subsidiary body or other corporation--voting and other rights may be exercised in person or by proxy, or(b) if the addressee is a corporation other than a subsidiary body--voting and other rights may be exercised only by the company nominee in person or by proxy, or(c) if the addressee is a subsidiary body--voting and other rights may be exercised only by proxy.
(7) If the addressee of a notice is the first mortgagee, or a covenant chargee, of a community development lot, the notice must state--(a) the name of the proprietor of the lot, and(b) the address of the lot, and(c) the place at which the meeting is to be held.
(7A) The notice must set out the provisions of this Act for determining the quorum at a general meeting.
(8) Notice to the person giving it is not required.
3 Agenda
The agenda for the meeting is--
(a) to decide whether insurances effected by the community association should be confirmed, varied or extended, and
(b) to decide whether amounts determined as contributions to the administrative fund and sinking fund should be confirmed or varied, and
(c) to elect the executive committee after determining its size, and
(d) to decide whether an agreement to which section 24 applies should be ratified, and
(e) if a managing agent has been appointed and action to terminate or notify the appointment under section 50 may be taken--to decide whether the action should be taken, and
(f) if a managing agent has not been appointed--to decide whether an appointment should be made and, if so, which functions should be delegated, and
(g) to decide which matters, if any, may be determined only at a general meeting of the association, and
(h) to decide whether any by-laws should be made, amended or revoked, including by-laws controlling, prohibiting or otherwise regulating the passage of persons through, and the activities of persons on, private access ways and, to an extent not inconsistent with this or any other Act or law, open access ways, and
(i) to consider the accounting records kept, and the latest financial statements prepared, as required by this Act, and
(j) to consider whether a revised schedule of unit entitlements should be registered under section 30 of the Community Land Development Act 1989 .
4 Restrictions on submitting motions and nominating candidates
(1) A motion that does not relate to the business set out in the notice of the meeting is out of order.
(2) If a person not entitled to vote at the meeting--(a) moves a motion for consideration at the meeting, or(b) nominates a candidate for election to the executive committee,the motion or nomination is out of order.
(3) Subclause (2) does not prevent the proprietor of a community development lot from moving a motion or nominating a candidate even if the lot is subject to a mortgage or covenant charge.
5 Voting rights
(1) Each member of the community association, and each person entitled to a priority vote, has voting rights at the meeting which may be exercised--(a) only if the member or person is shown on the community roll, and(b) if the member (other than a subsidiary body) or person is a corporation--only if the company nominee is shown on the community roll.
(2) Voting rights may be exercised at the meeting--(a) by a subsidiary body--only by proxy, and(b) by joint first mortgagees or joint covenant chargees--only by proxy (who may be one of them) appointed by all of them jointly.
(3) The voting rights of a proprietor, first mortgagee or covenant chargee of a community development lot (other than a joint proprietor, mortgagee or covenant chargee) may be exercised--(a) unless the proprietor, mortgagee or covenant chargee is a corporation--in person or by proxy, or(b) if the proprietor, mortgagee or covenant chargee is a corporation--by the company nominee in person or by proxy.
(4) The voting rights of joint proprietors of a community development lot may not be exercised by them individually but may be exercised--(a) by a proxy (who may be one of them) appointed by all of them jointly, or(b) as provided by subclause (5).
(5) If, on a vote at the meeting, the rights of joint proprietors of a community development lot are not exercised by a proxy appointed under subclause (4), one of them may act as such a proxy--(a) if the other joint proprietors are absent or such of them as are present give their consent, or(b) if paragraph (a) does not apply--if he or she is the proprietor first named on the community roll as one of the joint proprietors.
(6) If there are proprietors of successive estates in a community development lot, only the proprietor of the first estate may vote at the meeting.
(7) If the proprietor of a community development lot holds it as trustee, a person beneficially entitled may not vote at the meeting.
(8) A vote at the meeting by a member of the community association on a motion for an ordinary or special resolution does not count if payment has not been made before the meeting of--(a) all contributions that have been levied under the community scheme and are payable by the member as at the date of the notice of the meeting, and(b) any other money that is recoverable by the association from the member as at the date of the notice of the meeting.
(9) A vote by a first mortgagee or by a covenant chargee of a community development lot does not count if subclause (8) would nullify any vote on the same matter by the proprietor of the lot.
(10) If a priority vote is cast in relation to a community development lot, a vote on the same matter by the proprietor of the lot does not count.
(11) This clause does not confer a right to vote on a person deprived of the right by failing to comply with the requirements of a notice under section 49.
6 Proxies
(1) A proxy must be appointed by instrument in the approved form.
(2) If the instrument appointing a proxy limits the manner in which the proxy may vote at the meeting, a vote by the proxy that does not observe the limitation is invalid.
(3) A proxy may demand a poll.
(4) A proxy--(a) if entitled to vote otherwise than as a proxy--may also vote in his or her own right, and(b) if appointed as proxy for more than one member of the community association--may vote separately as a proxy in each case.
(5) An instrument appointing a proxy is ineffective unless it is given to the secretary before or at the meeting and it contains the date on which it was made.
(5A) An instrument appointing a proxy has effect for the period specified in the instrument (being a period of not more than 12 months) or for 2 consecutive annual general meetings, whichever is the greater, unless sooner revoked.
(5B) A proxy cannot exercise a vote in relation to a matter if the person who appointed the proxy is exercising personally a power to vote on that matter.
(5C) An instrument made by a person appointing a proxy has no effect if the person makes a later instrument appointing a proxy and delivers it to the secretary in accordance with subclause (5).
(6) A subsidiary body may, in the instrument by which it appoints a proxy, state the manner in which the proxy is to vote on each item of business to be considered at the meeting.
(7) A vote by the proxy for a subsidiary body on an item of business at the meeting is invalid--(a) if subclause (6) is not complied with in relation to the item, or(b) if the proxy votes otherwise than as required by the instrument of his or her appointment.
7 Quorum
(1) There is a quorum for considering and voting on a matter at the meeting only if--(a) the number of persons present and entitled to vote on the matter is more than one-quarter the number of members of the community association, or(b) the persons present and entitled to vote on the matter represent more than one-quarter the total unit entitlement for the community scheme.
(1A) However, if there is more than one member of the community association and the quorum calculated in accordance with subclause (1) is less than 2 persons, the quorum is 2 persons entitled to vote on the matter.
(2) If a quorum under subclause (1) is not present within the next half-hour after the matter arises for consideration, the meeting stands adjourned for at least 7 days.
(3) If a quorum under subclause (1) is not present within the next half-hour after the time fixed for the adjourned meeting, the persons present and entitled to vote on the matter constitute a quorum for considering and voting on the matter.
(4) In determining whether there is a quorum under subsection (1) for a matter--(a) a person who has given a proxy entitling another person who is present to vote on the matter, and(b) a member of the executive committee who has appointed a substitute under section 31 who is present, and(c) a proprietor or first mortgagee of a community development lot who has submitted a written vote on the matter,must be counted as if present.
(5) For the purposes of subclause (4), joint mortgagees or joint proprietors who have given a proxy or have submitted a written vote are to be counted as 1 person present.
7A Adjournments
(1) A general meeting of a community association may be adjourned for any reason if a motion is passed at the meeting for the adjournment.
(2) If a general meeting of the community association is adjourned (including where the meeting is adjourned because of clause 7 (2))--(a) the time and place at which the adjourned meeting is to be resumed must be fixed by the person who was presiding at the meeting or, in the case of a meeting that is adjourned because of clause 7 (2), by the person who would have presided at the meeting but for the lack of a quorum, and(b) notice of that time and place must be served by the secretary on the members of the association at least 1 day prior to the meeting.
(3) The notice is to set out the provisions of this Act for determining the quorum at a general meeting.
8 Conduct of meeting
(1) The chairperson of the community association, if present, is to preside at the meeting.
(2) If the chairperson is not present at the meeting, the persons who are present and entitled to vote on a motion at the meeting must elect one of their number to preside at the meeting.
(3) The person elected has, while presiding at the meeting, all the functions of the chairperson.
9 Motions out of order
The chairperson at the meeting may rule a motion out of order if he or she considers that the motion, if carried--
(a) would be inconsistent with this Act, an applicable management statement or the by-laws under a strata scheme, or
(b) would be otherwise unenforceable or unlawful.
10 Chairperson to announce names of persons entitled to vote
Before submitting a matter to a vote at the meeting, the chairperson must announce the names of the persons entitled to vote on the matter if a request for the announcement is made by a person present and entitled to vote at the meeting.
11 Counting of votes for election of executive committee
(1) Except as provided by subclause (2), in an election of the executive committee of the community association--(a) each subsidiary body entitled to vote has 1 vote, and(b) the persons entitled to vote in respect of community development lots have 1 vote for each community development lot, even if this results in the same person having more than 1 vote in the election.
(2) An original proprietor who, at the time of an election, is the proprietor of at least the prescribed number of community development lots is entitled only to one-third of the number of votes the original proprietor would have had but for this subclause, any fractions being ignored.
(3) In subclause (2)--
"prescribed number" means the number equal to one-half of the total number of community development lots and former community development lots in the community scheme, any fraction being ignored.
12 Counting of votes on a motion
(1) A motion put to the meeting is decided according to a majority in number of votes on the motion unless--(a) a poll is required, or(b) the motion is for a resolution that, to be effective, must be a special resolution.
(2) Except on a poll, or on a motion for a resolution that, to be effective, must be a special resolution--(a) each subsidiary body has 1 vote, and(b) the proprietors of community development lots have 1 vote for each community development lot even if this results in the same person having more than 1 vote on the motion.
(3) If--(a) a poll is demanded by someone present and entitled to vote at the meeting, or(b) the motion is for a resolution that, to be effective, must be a special resolution,the motion is decided according to the value of the votes cast personally or by proxy for or against the motion.
(4) The value of the vote of a subsidiary body is equal to the unit entitlement of the former community development lot that was subdivided to constitute the subsidiary body.
(5) Except as provided by subclause (6), the value of the vote of the proprietor of a community development lot, or of a person having a priority vote in relation to the lot, is equal to the unit entitlement of the community development lot.
(6) If the original proprietor is the proprietor of community development lots in the community scheme of which the sum of the unit entitlements is at least one-half of the total unit entitlement for the community scheme, the value of the vote of the original proprietor, or of a person having a priority vote in relation to any of those lots, is one-third of the value it would have had but for this subclause, any fraction being ignored.
(7) A demand for a poll--(a) must be given effect even if the motion has been decided on the numbers, and(b) may be withdrawn by the person who made it.
(8) A poll must be conducted as directed by the chairperson.
13 Declaration of voting
Except in relation to voting on a poll, the declaration by the chairperson of the result of a vote on a motion at the meeting is conclusive without proof of the votes recorded for or against the motion.
14 Amendment or revocation of unanimous or special resolution
(1) A unanimous resolution of the community association may be amended or revoked at the meeting only by a unanimous resolution.
(2) A special resolution of the community association may be amended or revoked at the meeting only by a special resolution.
14A Electronic transmission of documents
Documents relating to a meeting of a community association (such as proxies) may be transmitted to the secretary of the association by electronic means.
Part 2 - Precinct associations
15 Definitions
In this Part--
"meeting" means the first annual general meeting of a precinct association.
"priority vote" , in relation to a precinct development lot, means a vote by--
(a) the mortgagee of the lot under a mortgage shown on the precinct roll as having priority over any other mortgage, and over any covenant charge, shown on the roll in relation to the lot, or
(b) the covenant chargee of the lot under a covenant charge shown on the precinct roll as having a priority over any mortgage shown on the roll in relation to the lot, or
(c) the covenant chargee of the lot under a covenant charge shown on the precinct roll without any mortgage being shown on the roll in relation to the lot.
16 Notice of first annual general meeting of precinct association
(1) For the purpose of preparing notice of the first annual general meeting, the precinct roll may, without payment or written application, be inspected by--(a) the original proprietor, or(b) an agent authorised in writing by the original proprietor.
(2) Notice of the meeting must be in writing, must set out as the business of the meeting the agenda specified in clause 17 and must be given to--(a) the members of the precinct association shown on the precinct roll, and(b) each person shown on the precinct roll as first mortgagee, or as a covenant chargee, of a precinct development lot.
(3) Unless a shorter period of notice is fixed by amendment of the precinct management statement, the notice must be given at least 14 days before the meeting.
(4) The notice must state that a vote at the meeting by the proprietor of a precinct development lot does not count if a priority vote in respect of the lot is cast in relation to the same matter.
(5) The notice must state that a member or, if a member is the proprietor of a precinct development lot, a person with a priority vote in relation to the lot, may not vote at the meeting on a motion for an ordinary or special resolution unless payment has been made before the meeting of--(a) all contributions that have been levied under the precinct scheme on the member and are payable as at the date of the notice, and(b) any other money that is recoverable by the association from the member as at the date of the notice.
(6) The notice must state that--(a) if the addressee is not a subsidiary body or other corporation--voting and other rights may be exercised in person or by proxy, or(b) if the addressee is a corporation other than a subsidiary body--voting and other rights may be exercised only by the company nominee in person or by proxy, or(c) if the addressee is a subsidiary body--voting and other rights may be exercised only by proxy.
(7) If the addressee of a notice is the first mortgagee, or a covenant chargee, of a precinct development lot, the notice must state--(a) the name of the proprietor of the lot, and(b) the address of the lot, and(c) the place at which the meeting is to be held.
(7A) The notice must set out the provisions of this Act for determining the quorum at a general meeting.
(8) Notice to the person giving it is not required.
17 Agenda
The agenda for the meeting is--
(a) to decide whether insurances effected by the precinct association should be confirmed, varied or extended, and
(b) to decide whether amounts determined as contributions to the administrative fund and sinking fund should be confirmed or varied, and
(c) to elect the executive committee after determining its size, and
(d) to decide whether an agreement to which section 24 applies should be ratified, and
(e) if a managing agent has been appointed and action to terminate the appointment under section 50 may be taken--to decide whether the action should be taken, and
(f) if a managing agent has not been appointed--to decide whether an appointment should be made and, if so, which functions should be delegated, and
(g) to decide which matters, if any, may be determined only at a general meeting of the precinct association, and
(h) to decide whether any by-laws should be made, amended or revoked, including by-laws controlling, prohibiting or otherwise regulating the passage of persons through, and the activities of persons on, private access ways and, to an extent not inconsistent with this or any other Act or law, open access ways, and
(i) to consider the accounting records kept, and the latest financial statements prepared, as required by this Act.
18 Restrictions on submitting motions and nominating candidates
(1) A motion that does not relate to the business set out in the notice of the meeting is out of order.
(2) If a person not entitled to vote at the meeting--(a) moves a motion for consideration at the meeting, or(b) nominates a candidate for election to the executive committee,the motion or nomination is out of order.
(3) Subclause (2) does not prevent the proprietor of a precinct development lot from moving a motion or nominating a candidate even if the lot is subject to a mortgage or covenant charge.
19 Voting rights
(1) Each member of the precinct association, and each person entitled to a priority vote, has voting rights at the meeting which may be exercised--(a) only if the member or person is shown on the precinct roll, and(b) if the member (other than a subsidiary body) or person is a corporation--only if the company nominee is shown on the precinct roll.
(2) Voting rights may be exercised at the meeting--(a) by a subsidiary body--only by proxy, and(b) by joint first mortgagees or joint covenant chargees--only by proxy (who may be one of them) appointed by all of them jointly.
(3) The voting rights of a proprietor, first mortgagee or covenant chargee of a precinct development lot (other than a joint proprietor, mortgagee or covenant chargee) may be exercised--(a) unless the proprietor, mortgagee or covenant chargee is a corporation--in person or by proxy, or(b) if the proprietor, mortgagee or covenant chargee is a corporation--by the company nominee in person or by proxy.
(4) The voting rights of joint proprietors of a precinct development lot may not be exercised by them individually but may be exercised--(a) by a proxy (who may be one of them) appointed by all of them jointly, or(b) as provided by subclause (5).
(5) If, on a vote at the meeting, the rights of joint proprietors of a precinct development lot are not exercised by a proxy appointed under subclause (4), one of them may act as such a proxy--(a) if the other joint proprietors are absent or such of them as are present give their consent, or(b) if paragraph (a) does not apply--if he or she is the proprietor first named on the precinct roll as one of the joint proprietors.
(6) If there are proprietors of successive estates in a precinct development lot, only the proprietor of the first estate may vote at the meeting.
(7) If the proprietor of a precinct development lot holds it as trustee, a person beneficially entitled may not vote at the meeting.
(8) A vote at the meeting by a member of the precinct association on a motion for an ordinary or special resolution does not count if payment has not been made before the meeting of--(a) all contributions that have been levied under the precinct scheme and are payable by the member as at the date of the notice of the meeting, and(b) any other money that is recoverable by the precinct association from the member as at the date of the notice of the meeting.
(9) A vote by a first mortgagee or by a covenant chargee of a precinct development lot does not count if subclause (8) would nullify any vote on the same matter by the proprietor of the lot.
(10) If a priority vote is cast in relation to a precinct development lot, a vote on the same matter by the proprietor of the lot does not count.
(11) This clause does not confer a right to vote on a person deprived of the right by failing to comply with the requirements of a notice under section 49.
20 Proxies
(1) A proxy must be appointed by instrument in the approved form.
(2) If the instrument appointing a proxy limits the manner in which the proxy may vote at the meeting, a vote by the proxy that does not observe the limitation is invalid.
(3) A proxy may demand a poll.
(4) A proxy--(a) if entitled to vote otherwise than as a proxy--may also vote in his or her own right, and(b) if appointed as proxy for more than one member of the precinct association--may vote separately as a proxy in each case.
(5) An instrument appointing a proxy is ineffective unless it is given to the secretary before or at the meeting and it contains the date on which it was made.
(5A) An instrument appointing a proxy has effect for the period specified in the instrument (being a period of not more than 12 months) or for 2 consecutive annual general meetings, whichever is the greater, unless sooner revoked.
(5B) A proxy cannot exercise a vote in relation to a matter if the person who appointed the proxy is exercising personally a power to vote on that matter.
(5C) An instrument made by a person appointing a proxy has no effect if the person makes a later instrument appointing a proxy and delivers it to the secretary in accordance with subclause (5).
(6) A subsidiary body may, in the instrument by which it appoints a proxy, state the manner in which the proxy is to vote on each item of business to be considered at the meeting.
(7) A vote by the proxy for a subsidiary body on an item of business at the meeting is invalid--(a) if subclause (6) is not complied with in relation to the item, or(b) if the proxy votes otherwise than as required by the instrument of his or her appointment.
21 Quorum
(1) There is a quorum for considering and voting on a matter at the meeting only if--(a) the number of persons present and entitled to vote on the matter is more than one-quarter the number of members of the precinct association, or(b) the persons present and entitled to vote on the matter represent more than one-quarter the total unit entitlement for the precinct scheme.
(1A) However, if there is more than one member of the precinct association and the quorum calculated in accordance with subclause (1) is less than 2 persons, the quorum is 2 persons entitled to vote on the matter.
(2) If a quorum under subclause (1) is not present within the next half-hour after the matter arises for consideration, the meeting stands adjourned for at least 7 days.
(3) If a quorum under subclause (1) is not present within the next half-hour after the time fixed for the adjourned meeting, the persons present and entitled to vote on the matter constitute a quorum for considering and voting on the matter.
(4) In determining whether there is a quorum under subsection (1) for a matter--(a) a person who has given a proxy entitling another person who is present to vote on the matter, and(b) a member of the executive committee who has appointed a substitute under section 31 who is present, and(c) a proprietor or first mortgagee of a precinct development lot who has submitted a written vote on the matter,must be counted as if present.
(5) For the purposes of subclause (4), joint mortgagees or joint proprietors who have given a proxy or have submitted a written vote are to be counted as 1 person present.
21A Adjournments
(1) A general meeting of a precinct association may be adjourned for any reason if a motion is passed at the meeting for the adjournment.
(2) If a general meeting of the precinct association is adjourned (including where the meeting is adjourned because of clause 21 (2))--(a) the time and place at which the adjourned meeting is to be resumed must be fixed by the person who was presiding at the meeting or, in the case of a meeting that is adjourned because of clause 21 (2), by the person who would have presided at the meeting but for the lack of a quorum, and(b) notice of that time and place must be served by the secretary on the members of the association at least 1 day prior to the meeting.
(3) The notice is to set out the provisions of this Act for determining the quorum at a general meeting.
22 Conduct of meeting
(1) The chairperson of the precinct association, if present, is to preside at the meeting.
(2) If the chairperson is not present at the meeting, the persons who are present and entitled to vote on a motion at the meeting must elect one of their number to preside at the meeting.
(3) The person elected has, while presiding at the meeting, all the functions of the chairperson.
23 Motions out of order
The chairperson at the meeting may rule a motion out of order if he or she considers that the motion, if carried--
(a) would be inconsistent with this Act, an applicable management statement or the by-laws under a strata scheme, or
(b) would be otherwise unenforceable or unlawful.
24 Chairperson to announce names of persons entitled to vote
Before submitting a matter to a vote at the meeting, the chairperson must announce the names of the persons entitled to vote on the matter if a request for the announcement is made by a person present and entitled to vote at the meeting.
25 Counting of votes for election of executive committee
(1) Except as provided by subclause (2), in an election of the executive committee of the precinct association--(a) each subsidiary body entitled to vote has 1 vote, and(b) the persons entitled to vote in respect of precinct development lots have 1 vote for each precinct development lot, even if this results in the same person having more than 1 vote in the election.
(2) An original proprietor who, at the time of an election, is the proprietor of at least the prescribed number of precinct development lots is entitled only to one-third of the number of votes the original proprietor would have had but for this subclause, any fractions being ignored.
(3) In subclause (2)--
"prescribed number" means the number equal to one-half of the total number of precinct development lots and former precinct development lots in the precinct scheme, any fraction being ignored.
26 Counting of votes on a motion
(1) A motion put to the meeting is decided according to a majority in number of votes on the motion unless--(a) a poll is required, or(b) the motion is for a resolution that, to be effective, must be a special resolution.
(2) Except on a poll, or on a motion for a resolution that, to be effective, must be a special resolution--(a) each subsidiary body has 1 vote, and(b) the proprietors of precinct development lots have 1 vote for each precinct development lot even if this results in the same person having more than 1 vote on the motion.
(3) If--(a) a poll is demanded by someone present and entitled to vote at the meeting, or(b) the motion is for a resolution that, to be effective, must be a special resolution,the motion is decided according to the value of the votes cast personally or by proxy for and against the motion.
(4) The value of the vote of a subsidiary body is equal to the unit entitlement of the former precinct development lot that was subdivided to constitute the subsidiary body.
(5) Except as provided by subclause (6), the value of the vote of the proprietor of a precinct development lot, or of a person having a priority vote in relation to the lot, is equal to the unit entitlement of the precinct development lot.
(6) If the original proprietor is the proprietor of precinct development lots in the precinct scheme of which the sum of the unit entitlements is at least one-half of the total unit entitlement for the precinct scheme, the value of the vote of the original proprietor, or of a person having a priority vote in relation to any of those lots, is one-third of the value it would have had but for this subclause, any fraction being ignored.
(7) A demand for a poll--(a) must be given effect even if the motion has been decided on the numbers, and(b) may be withdrawn by the person who made it.
(8) A poll must be conducted as directed by the chairperson.
27 Declaration of voting
Except in relation to voting on a poll, the declaration by the chairperson of the result of a vote on a motion at the meeting is conclusive without proof of the votes recorded for or against the motion.
28 Amendment or revocation of unanimous or special resolution
(1) A unanimous resolution of the precinct association may be amended or revoked at the meeting only by a unanimous resolution.
(2) A special resolution of the precinct association may be amended or revoked at the meeting only by a special resolution.
28A Electronic transmission of documents
Documents relating to a meeting of a precinct association (such as proxies) may be transmitted to the secretary of the association by electronic means.
Part 3 - Neighbourhood associations
29 Definitions
In this Part--
"meeting" means the first annual general meeting of a
neighbourhood association.
"priority vote" , in relation to a neighbourhood lot, means a vote by--
(a) the mortgagee of the lot under a mortgage shown on the neighbourhood roll as having priority over any other mortgage, and over any covenant charge, shown on the roll in relation to the lot, or
(b) the covenant chargee of the lot under a covenant charge shown on the neighbourhood roll as having priority over any mortgage shown on the roll in relation to the lot, or
(c) the covenant chargee of the lot under a covenant charge shown on the neighbourhood roll without any mortgage being shown on the roll in relation to the lot.
30 Notice of first annual general meeting of neighbourhood association
(1) For the purpose of preparing notice of the first annual general meeting, the neighbourhood roll may, without payment or written application, be inspected by--(a) the original proprietor, or(b) an agent authorised in writing by the original proprietor.
(2) Notice of the meeting must be in writing, must set out as the business of the meeting the agenda specified in clause 31 and must be given to--(a) the members of the neighbourhood association shown on the neighbourhood roll, and(b) each person shown on the neighbourhood roll as first mortgagee, or as a covenant chargee, of a neighbourhood lot.
(3) Unless a shorter period of notice is fixed by amendment of the neighbourhood management statement, the notice must be given at least 7 days before the meeting.
(4) The notice must state that a vote at the meeting by the proprietor of a neighbourhood lot does not count if a priority vote in respect of the lot is cast in relation to the same matter.
(5) The notice must state that the proprietor of a neighbourhood lot, or a person with a priority vote in relation to the lot, may not vote at the meeting on a motion for an ordinary or special resolution unless payment has been made before the meeting of--(a) all contributions that have been levied under the neighbourhood scheme on the proprietor and are payable by the proprietor as at the date of the notice, and(b) any other money that is recoverable by the neighbourhood association from the proprietor as at the date of the notice.
(6) The notice must state that--(a) if the addressee is not a corporation--voting and other rights may be exercised in person or by proxy, or(b) if the addressee is a corporation--voting and other rights may be exercised only by the company nominee in person or by proxy.
(7) If the addressee of a notice is the first mortgagee, or a covenant chargee, of a neighbourhood lot, it must state--(a) the name of the proprietor of the lot, and(b) the address of the lot, and(c) the place at which the meeting is to be held.
(7A) The notice must set out the provisions of this Act for determining the quorum at a general meeting.
(8) Notice to the person giving it is not required.
31 Agenda
The agenda for the meeting is--
(a) to decide whether insurances effected by the neighbourhood association should be confirmed, varied or extended, and
(b) to decide whether amounts determined as contributions to the administrative fund and sinking fund should be confirmed or varied, and
(c) to elect the executive committee after determining its size, and
(d) to decide whether an agreement to which section 24 applies should be ratified, and
(e) if a managing agent has been appointed and action to terminate or ratify the appointment under section 50 may be taken--to decide whether the action should be taken, and
(f) if a managing agent has not been appointed--to decide whether an appointment should be made and, if so, which functions should be delegated, and
(g) to decide which matters, if any, may be determined only at a general meeting of the association, and
(h) to decide whether any by-laws should be made, amended or revoked, including by-laws controlling, prohibiting or otherwise regulating the passage of persons through, and the activities of persons on, private access ways and, to an extent not inconsistent with this or any other Act or law, open access ways, and
(i) to consider the accounting records kept, and the latest financial statements prepared, as required by this Act, and
(j) if the neighbourhood scheme is not part of a community scheme--to consider whether a revised schedule of unit entitlements should be registered under section 30 of the Community Land Development Act 1989 .
32 Restrictions on submitting motions and nominating candidates
(1) A motion that does not relate to the business set out in the notice of the meeting is out of order.
(2) If a person not entitled to vote at the meeting--(a) moves a motion for consideration at the meeting, or(b) nominates a candidate for election to the executive committee,the motion or nomination is out of order.
(3) Subclause (2) does not prevent the proprietor of a neighbourhood lot from moving a motion or nominating a candidate even if the lot is subject to a mortgage or covenant charge.
33 Voting rights
(1) Each member of the neighbourhood association, and each person entitled to a priority vote, has voting rights at the meeting which may be exercised--(a) only if the member or person is shown on the neighbourhood roll, and(b) if the member or person is a corporation--only if the company nominee is shown on the neighbourhood roll.
(2) The voting rights of a proprietor or first mortgagee or covenant chargee of a neighbourhood lot (other than a joint proprietor, mortgagee or covenant chargee) may be exercised at the meeting--(a) unless the proprietor, mortgagee or covenant chargee is a corporation--in person or by proxy, or(b) if the proprietor, mortgagee or covenant chargee is a corporation--only by the company nominee in person or by proxy.
(3) The voting rights of joint first mortgagees or joint covenant chargees of a neighbourhood lot may be exercised at the meeting only by a proxy (who may be one of them) appointed by all of them jointly.
(4) The voting rights of joint proprietors of a neighbourhood lot may not be exercised at the meeting by them individually but may be exercised--(a) by a proxy (who may be one of them) appointed by all of them jointly, or(b) as provided by subclause (5).
(5) If, on a vote at the meeting, the rights of joint proprietors of a neighbourhood lot are not exercised by a proxy appointed under subclause (4), one of them may act as such a proxy--(a) if the other joint proprietors are absent or such of them as are present give their consent, or(b) if paragraph (a) does not apply--if he or she is the proprietor first named on the neighbourhood roll as one of the joint proprietors.
(6) If there are proprietors of successive estates in a neighbourhood lot, only the proprietor of the first estate may vote at the meeting.
(7) If the proprietor of a neighbourhood lot holds it as trustee, a person beneficially entitled may not vote at the meeting.
(8) A vote at the meeting by a member of the neighbourhood association on a motion for an ordinary or special resolution does not count if payment has not been made before the meeting of--(a) all contributions that have been levied under the neighbourhood scheme and are payable by the member as at the date of the notice of the meeting, and(b) any other money that is recoverable by the association from the member as at the date of the meeting.
(9) A vote by a first mortgagee, or by a covenant chargee, of a neighbourhood lot does not count if subclause (8) would nullify any vote on the same matter by the proprietor of the lot.
(10) If a priority vote is cast in relation to a neighbourhood lot, a vote on the same matter by the proprietor of the lot does not count.
(11) This clause does not confer a right to vote on a person deprived of the right by failing to comply with the requirements of a notice under section 49.
34 Proxies
(1) A proxy must be appointed by instrument in the approved form.
(2) If the instrument appointing a proxy limits the manner in which the proxy may vote at the meeting, a vote by the proxy that does not observe the limitation is invalid.
(3) A proxy may vote on a show of hands or demand a poll.
(4) A proxy--(a) if entitled to vote otherwise than as a proxy--may also vote in his or her own right, and(b) if appointed as a proxy for more than one member of the neighbourhood association--may vote separately as a proxy in each case.
(5) An instrument appointing a proxy is ineffective unless it is given to the secretary before or at the meeting and it contains the date on which it was made.
(6) An instrument appointing a proxy has effect for the period specified in the instrument (being a period of not more than 12 months) or for 2 consecutive annual general meetings, whichever is the greater, unless sooner revoked.
(7) A proxy cannot exercise a vote in relation to a matter if the person who appointed the proxy is exercising personally a power to vote on that matter.
(8) An instrument made by a person appointing a proxy has no effect if the person makes a later instrument appointing a proxy and delivers it to the secretary in accordance with subclause (5).
35 Quorum
(1) There is a quorum for considering and voting on a matter at the meeting only if--(a) the number of persons present and entitled to vote on the matter is more than one-quarter the number of members of the neighbourhood association, or(b) the persons present and entitled to vote on the matter represent more than one-quarter the total unit entitlement for the neighbourhood scheme.
(1A) However, if there is more than one member of the neighbourhood association and the quorum calculated in accordance with subclause (1) is less than 2 persons, the quorum is 2 persons entitled to vote on the matter.
(2) If a quorum under subclause (1) is not present within the next half-hour after the matter arises for consideration, the meeting stands adjourned for at least 7 days.
(3) If a quorum under subclause (1) is not present within the next half-hour after the time fixed for the adjourned meeting, the persons present and entitled to vote on the matter constitute a quorum for considering and voting on the matter.
(4) In determining whether there is a quorum under subsection (1) for a matter--(a) a person who has given a proxy entitling another person who is present to vote on the matter, and(b) a member of the executive committee who has appointed a substitute under section 31 who is present, and(c) a proprietor or first mortgagee of a neighbourhood lot who has submitted a written vote on the matter,must be counted as if present.
(5) For the purposes of subclause (4), joint mortgagees or joint proprietors who have given a proxy or have submitted a written vote are to be counted as 1 person present.
35A Adjournments
(1) A general meeting of a neighbourhood association may be adjourned for any reason if a motion is passed at the meeting for the adjournment.
(2) If a general meeting of the neighbourhood association is adjourned (including where the meeting is adjourned because of clause 35 (2))--(a) the time and place at which the adjourned meeting is to be resumed must be fixed by the person who was presiding at the meeting or, in the case of a meeting that is adjourned because of clause 35 (2), by the person who would have presided at the meeting but for the lack of a quorum, and(b) notice of that time and place must be served by the secretary on the members of the association at least 1 day prior to the meeting.
(3) The notice is to set out the provisions of this Act for determining the quorum at a general meeting.
36 Conduct of meeting
(1) The chairperson of the neighbourhood association, if present, is to preside at the meeting.
(2) If the chairperson is not present at the meeting, the persons who are present and entitled to vote on a motion at the meeting must elect one of their number to preside at the meeting.
(3) The person elected has, while presiding at the meeting, all the functions of the chairperson.
37 Motions out of order
The chairperson at the meeting may rule a motion out of order if he or she considers that the motion, if carried--
(a) would be inconsistent with this Act or an applicable management statement, or
(b) would be otherwise unenforceable or unlawful.
38 Chairperson to announce names of persons entitled to vote
Before submitting a matter to a vote at the meeting, the chairperson must announce the names of the persons entitled to vote on the matter if a request for the announcement is made by a person present and entitled to vote at the meeting.
39 Counting of votes for election of executive committee
(1) Except as provided by subclause (2), each person entitled to vote in an election of the executive committee of a neighbourhood association has 1 vote for each neighbourhood lot of which the person is proprietor or in respect of which the person has a priority vote.
(2) An original proprietor who, at the time of an election, is the proprietor of at least half the neighbourhood lots in the neighbourhood scheme, is entitled only to one-third of the number of votes the original proprietor would have had but for this subclause, any fractions being ignored.
40 Counting of votes on a motion
(1) A motion put to the meeting is decided according to a majority in number of the votes on the motion unless--(a) a poll is required, or(b) the motion is for a resolution that, to be effective, must be a special resolution.
(2) If--(a) a poll is demanded by someone present and entitled to vote at the meeting, or(b) the motion is for a resolution that, to be effective, must be a special resolution,the motion is decided according to the value of the votes cast personally or by proxy for and against the motion.
(3) Except as provided by subclause (4), the value of the vote of the proprietor of a neighbourhood lot, or of a person having a priority vote in relation to the lot, is equal to the unit entitlement of the neighbourhood lot.
(4) If the original proprietor is the proprietor of neighbourhood lots of which the sum of the unit entitlements is at least half the total unit entitlement for the neighbourhood scheme, the value of the vote of the original proprietor, or a person having a priority vote in relation to any of those lots, is one-third of the value it would have had but for this subclause, any fraction being ignored.
(5) A demand for a poll--(a) must be given effect even if the matter has been decided on the numbers, and(b) may be withdrawn by the person who made it.
(6) A poll must be conducted as directed by the chairperson.
41 Declaration of voting
Except in relation to voting on a poll, the declaration by the chairperson of the result of a vote on a motion at the meeting is conclusive without proof of the votes recorded for or against the motion.
42 Amendment or revocation of unanimous or special resolution
(1) A unanimous resolution of the neighbourhood association may be amended or revoked at the meeting only by a unanimous resolution.
(2) A special resolution of the neighbourhood association may be amended or revoked at the meeting only by a special resolution.
43 Electronic transmission of documents
Documents relating to a meeting of a neighbourhood association (such as proxies) may be transmitted to the secretary of the association by electronic means.