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BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997 - SECT 106 Counting of votes for special resolution

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997 - SECT 106

Counting of votes for special resolution

106 Counting of votes for special resolution

(1) This section applies if a motion is to be decided by special resolution at a general meeting of the body corporate for a community titles scheme.
(2) One vote only may be exercised for each lot included in the scheme, whether personally, by proxy or in writing.
(3) The motion is passed by special resolution only if—
(a) for a meeting notice of which is given—
(i) before the commencement of subparagraph (ii) —the votes counted for the motion are more than the votes counted against the motion; or
(ii) after the commencement of this subparagraph—at least two-thirds of the votes cast are in favour of the motion; and
(b) the number of votes counted against the motion are not more than 25% of the number of lots included in the scheme; and
(c) the total of the contribution schedule lot entitlements for the lots for which votes are counted against the motion is not more than 25% of the total of the contribution schedule lot entitlements for all lots included in the scheme.