New South Wales Consolidated Regulations

RETIREMENT VILLAGES REGULATION 2000 - SCHEDULE 11

SCHEDULE 11 – Provisions relating to the consent of residents

(Clause 41)

1 When written ballot required

(1) The residents of a retirement village may decide, by a show of hands at any meeting at which a particular measure or action is discussed, whether or not the vote on the measure or action concerned is to be taken by means of a written ballot.

(2) If 50% or more of the residents present at the meeting decide that the vote is to be taken by means of a written ballot, the vote must be taken by those means.

2 Conduct of written ballot

(1) If a vote is to be taken by means of a written ballot, the chairperson of the meeting must put the motion relating to the measure or action concerned to the meeting in the form of a clear written question (for example, “Do you consent to the statement of proposed expenditure dated 20 April 2001?”).

(2) Each resident at the meeting who wishes to vote on the measure or action must:

(a) clearly indicate on a piece of paper the resident’s vote on the measure or action (for example, “Yes”, “Consent”, “Agree” or “No”, “Don’t consent”, “Disagree”), and

(b) give the paper to the chairperson of the meeting.

(3) The paper must not identify the resident, or the premises of the resident, who is voting on the measure or action (or on whose behalf the vote is being cast).

(4) The chairperson must, as soon as possible:

(a) sort the votes into those in favour of the measure or action and those against it, and

(b) count the votes in each category, and

(c) announce that the residents have consented or not consented (as the case may be) to the measure or action concerned.