Management rule 60 deals with voting procedures at a general meeting. Most resolutions will be decided by a show of hands in which case each person who is entitled to vote will have one vote.

Ordinary resolutions are usually decided by this method of voting, unless any person entitled to vote, either before or on the declaration of the result of a vote, demands a poll. In such cases, voting will be decided by a poll based on participation quotas, unless a system of nominated values that differ to the PQs is in force at the scheme.

These values are described in section 32(4) of the Act, and may have been nominated by the developer prior to establishment or, in exceptional cases, by the body corporate by special resolution after establishment. Where such values have been set, they will be used for all voting and levy purposes. A great deal of confusion exists about values that differ to PQs. They must not be confused with nominated PQs in combined commercial and residential schemes. Nominated values do not amend or replace the participation quotas within a scheme. They only apply to voting and other obligations within the body corporate.

If a body corporate wishes to implement nominated values, a special resolution of the members must be obtained. Please note that a member adversely affected by the proposed resolution must agree in writing, even though the required percentage vote may have been obtained. Developers, trustees and bodies corporate should seek expert professional advice before attempting to introduce nominated values.

Management rule 64 prohibits an owner who is in arrears with his or her levy or is in persistent breach of the conduct rules from voting for an ordinary resolution, but allows that owner to vote for a special or unanimous resolution. When voting for a special resolution, in addition to a vote by a show of hands, a poll based on participation quotas or nominated values is required.

If a unit is owned by more than one person, the joint owners will be entitled to one vote at any meeting of the body corporate. Before the start of the meeting, the joint owners must appoint a proxy, who may or may not be one of the joint owners, but may not be the managing agent or an employee of the body corporate.

Please note that the chairman of trustees does not have a casting vote at a general meeting of the body corporate.