Question: I am requesting a motion at the AGM out of order based on conflict with the Act. For a four lot scheme, how many votes are needed to successfully overturn the decision?
What is the voting on a procedural motion? I am requesting a motion at the AGM out of order based on conflict with the Act.
When the chairperson says to voters, “Do you want this decision overturned”, what is the number of votes needed to successfully overturn the decision? There are four lots in the scheme.
Answer: The overturning of an out of order ruling occurs by ordinary resolution. An ordinary resolution means more ‘yes’ than ‘no’ votes.
Section 98(3) of the Standard Module (equivalent provisions of other modules) provides that the overturning of an out of order ruling occurs by ordinary resolution. An ordinary resolution means more ‘yes’ than ‘no’ votes.
In your case, if all 4 owners are entitled to vote and attend the AGM, based on the above you may likely need 3 ‘yes’ notes.
There are, of course, many variables in attending and voting for an AGM so this is not intended to be definitive. It is general information and not legal advice.
This post appears in Strata News #654.
Chris Irons
Strata Solve
E: chris@stratasolve.com.au
P: 0419 805 898
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