Question: What percentage special resolution do you need for EV infrastructure investment in Victoria? Is it 75% or 50%?
Answer: 75% of all owners for a final resolution, or 50% of all owners for an interim resolution.
A special resolution is required:
- to obtain a loan that exceeds the amount of the current annual fees of the owners corporation
- to raise a levy that is more than twice the current annual fees
- for a significant alteration to common property that is not in the maintenance plan and is not an immediate threat to safety or will prevent significant damage.
As installing EV infrastructure is likely to fall under these headings, a special resolution is required.
A special resolution is passed as a final resolution by 75% of the total lot entitlement voting in favour if a ballot or poll is taken. In any other case, it is passed by 75% of the total votes of all lots voting in favour.
It’s important to note that a special resolution can also pass as an interim special resolution if at least 50% vote in favour and no more than 25% vote against a resolution.
An interim special resolution can be taken as a special resolution once:
- A notice is sent to all owners (within 14 days of the meeting or the ballot close date) and
- Within 29 days of the meeting or ballot close date, no petition amounting to 25% of votes against the resolution has been received.
Alex Smale The Knight Email P: 03 9509 3144