Unit Titles Act 2010

  • This version was replaced on 18 December 2018 to make corrections to section 169(5)(d) and (e) under section 25(1)(iv) of the Legislation Act 2012.
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.