The term "ordinary resolution" is neither defined nor recognised in the Act or rules. However, in this publication the term is used to describe a resolution that is neither "special" nor "unanimous".

 

Ordinary Resolutions

An ordinary resolution requires a vote of more than 50% at a meeting of the body corporate at which a quorum is present and is usually obtained by a show of hands. However, any member of the body corporate is entitled to ask for a vote by poll even after the result is known, in which case voting will be by participation quota, or value if this differs from the participation quota. Owners who are in arrears with their levies or in persistent breach of the conduct rules may not vote for an ordinary resolution.

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Special resolutions

A special resolution can be obtained in two ways. Firstly at a general meeting at which a quorum is present and of which a minimum of thirty days notice has been given and at which at least 75% in both number and PQ or value vote in favour. Secondly, by a door-to-door resolution for which at least 75% in number and value of the body corporate votes in favour.

 

Unanimous resolutions

There is a lot of confusion surrounding unanimous resolutions and the ways in which they can be obtained. The first point that needs to be made is that unanimous does not necessarily mean unanimous. As with a special resolution, a general meeting to vote on a proposed unanimous resolution may be convened at a minimum of thirty days notice. At the meeting, at least 80% in number and value of the body corporate must be present in person or represented by proxy and must vote in favour or abstain from voting. Section 1(3)(c) of the Act states that a person who abstains from voting will be deemed to have voted in favour of the resolution.

It must be emphasised that even though these conditions have been met, if the resolution deprives any owner of a proprietary right, that owner must consent in writing. An example of this is where the body corporate has agreed by such a method to carry out a luxurious improvement and a further proposal resolved that the owners would all pay the same amount for the improvement. As the Act and rules require owners to pay according to PQ or value, the owners of smaller sections being asked to pay more than the Act requires them to pay, would have to agree in writing to waive their right to pay less than the owners of larger sections.

An unanimous resolution can also be obtained by means of a door-to-door poll in which case every member of the body corporate would have to vote in favour, with no abstentions.