Only defined voters may vote at a general meeting. A voter for a general meeting is an individual who is entered on the body corporate roll as the owner of a lot or the representative of the owners of a lot. A company nominee entered on the roll is also a voter. Companies without nominees are not eligible voters.
A person is a representative of an owner if they have provided the secretary with the instrument of their appointment and their address, and they are the guardian, trustee, receiver, or the power of attorney of an owner.
Original owners have restriction as to when they may be the representative of the owner. The original owner may have a power of attorney from a registered owner.
Neither a body corporate manager, a service contractor, nor letting agent may represent an owner for voting purposes. All representatives must provide the secretary with their business or residential address, and their address for service (if it differs from the business or residential address provided).
The representative of a subsidiary scheme is also a voter in the principal body corporate. This is the person chosen by the committee of the subsidiary scheme, or in the absence of a decision it is the chairperson of the subsidiary scheme.
A registered owner may lose the right to vote, or have their representatives lose the right to vote, if a mortgagee in possession claims this right by written notice to the secretary. An owner does not have the right to vote if that owner owes the body corporate a debt at the time of the meeting, except in the case of a motion by resolution without dissent. The person may still be a voter for the purpose of calculating a quorum.
Owners or their representatives may vote at a general meeting either by-
Where there are co-owners for a lot, those present submit a single vote as the owner of the lot. If co-owners are in conflict then there is to be no vote counted for that lot.
The notice of the general meeting will include a voting paper for all open motions, and a voting paper (or papers) for any motion to be decided by secret ballot. Secret voting papers must be marked with the words “secret voting paper”.
The voting paper must state
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