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UNIT TITLE SCHEMES ACT 2009 - SECT 79 Methods of voting

UNIT TITLE SCHEMES ACT 2009 - SECT 79

Methods of voting

    (1)     Subsections (2) to (7):

        (a)     apply for voting about a resolution of the body corporate at a meeting of the body corporate; and

        (b)     apply with changes specified in the management module:

            (i)     for voting about a resolution of the body corporate otherwise than at a meeting; or

            (ii)     for voting about a resolution of the committee; or

            (iii)     for a specified purpose of this Act.

    (2)     Only 1 vote may be exercised for each unit.

    (3)     Except as otherwise provided by the management module, voting may be made:

        (a)     personally or by proxy; and

        (b)     by show of hands or in writing.

    (4)     A motion is passed by a unanimous resolution if the number of the votes counted in favour of the motion is equal to the total number of the units.

    (5)     A motion is passed by a resolution without dissent if no vote is counted against the motion.

    (6)     A motion is passed by a majority resolution if the number of the votes counted in favour of the motion exceeds 50% of the total number of the units.

    (7)     A motion is passed by an ordinary resolution if:

        (a)     both of the following conditions are satisfied:

            (i)     this paragraph applies under the management module;

            (ii)     the contribution entitlements of the units for the votes counted in favour of the motion exceed the contribution entitlements of the units for the votes counted against it; or

        (b)     otherwise – the votes counted in favour of the motion are more than the votes counted against the motion.

    (8)     A motion is passed by a special resolution if:

        (a)     at least two-thirds of the votes cast are counted in favour of the motion; and

        (b)     the contribution entitlements of the units for the votes counted against the motion do not exceed 25% of the contribution entitlements of all the units.

    (9)     A unit owner who fails to pay an amount of annual contributions or levies to the body corporate by the date it is required to be paid may not, while the amount is outstanding, vote on a motion of the corporation.

    (10)     Subsection (9) does not apply to a motion required by this Act to be passed by a unanimous resolution or resolution without dissent.