Does a past special resolution prohibiting proxy voting still apply after a scheme changes modules?
At our AGM in 2001, owners passed a special resolution to prohibit all proxy voting at general meetings. At the time, our scheme operated under the BCCM Standard Module Regulations. The resolution has never been rescinded or replaced by a new special resolution.
In 2022, owners approved the adoption of the BCCM Accommodation Module Regulations. Does the 2001 special resolution prohibiting proxy voting still apply now that the scheme has moved from the Standard Module to the Accommodation Module?
The body corporate's decision in relation to the use of proxies at a general meeting is unaffected by its decision to change the regulation module applicable to the scheme.
The body corporate may, by special resolution at a general meeting, prohibit the use of proxies at a general meeting pursuant to both:
- section 128 of the Body Corporate and Community Management (Standard Module) Regulation 2020 (Qld); and
- section 118 of the Body Corporate and Community Management (Accommodation Module) Regulation 2020 (Qld).
The body corporate's decision in relation to the use of proxies at a general meeting is unaffected by its decision to change the regulation module applicable to the scheme. This prohibition will continue until the body corporate resolves, by special resolution, to revoke this previous resolution.
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Connor’s legal career began in residential and commercial property law, where he developed a keen interest in body corporate law.
Connor now specialises in body corporate law and predominantly acts for bodies corporate, body corporate managers and lot owners on all matters affecting bodies corporate.
His experience includes advising on the Body Corporate and Community Management Act and associated legislation; preparing by-laws tailored to the unique characteristics of community titles schemes; preparing leases, licenses and other commercial transactions involving common property; settling management rights transactions; and managing body corporate disputes.
Working closely with Todd Garden, Connor is focused on building relationships with clients and key stakeholders to deliver practical and commercial outcomes.
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