Question: What percentage is needed to pass an exclusive use of common property in NSW? If there are 4 owners and 3 owners were in favour (75%) and one against (25%) does the request pass?
Answer: If 3/4 of the owners vote in favour of the motion and they all have equal unit entitlements, yes, the special resolution is passed.
In NSW, a special resolution is needed to approve a new or amended by-law (such as an exclusive use by-law) and also to approve additions and alterations to common property.
A special resolution is passed as long as not more than 25% of owners oppose the motion, calculated on the unit entitlements of those who attend the meeting and are entitled to vote (ie are financial).
So in this scenario, If 3/4 of the owners vote in favour of the motion and they all have equal unit entitlements, yes, the special resolution is passed.
This post appears in Strata News #602.
James Moir Madison Marcus E: Strata@madisonmarcus.com.au P: 02 8022 1222