98 Counting of votes for special resolution subject to request for poll

(1)

This section applies if a motion is to be decided by special resolution, subject to a request for a poll, at a general meeting of a body corporate.

(2)

One vote only may be exercised for each principal unit.

(3)

A subsidiary body corporate representative has 1 vote for the principal unit that was subdivided to create the subsidiary unit title development.

(4)

For a special resolution to pass, 75% of the eligible voters who vote on the resolution must vote in favour of the resolution.

(5)

An eligible voter whose interest in his or her unit is subject to a registered mortgage must, if required by that mortgage, obtain the consent of the mortgagee before exercising a vote.

(6)

A special resolution passed under this section is subject to a request for a poll under section 99 and the motion being confirmed by that poll.