New South Wales Consolidated Acts

COMMUNITY LAND MANAGEMENT ACT 2021 - SECT 5

5 Resolutions of associations

(1) In this Act, a resolution of an association is a
"special resolution" if--

(a) it is passed at a properly convened meeting of the association, and

(b) of the value of the votes cast--

(i) not more than 25% are against the resolution, or

(ii) if the resolution is a sustainability infrastructure resolution--less than 50% are against the resolution.

(2) In this Act, a resolution of an association is a
"unanimous resolution" if it is passed at a properly convened general meeting and no vote is cast against the resolution.

(3) For the purposes of determining the
"value of a vote" for a special resolution or a poll of a community association--

(a) the value of the vote of a subsidiary body is equal to the unit entitlement of the former community development lot that was subdivided to constitute the subsidiary body, and

(b) the value of the vote of the owner of a community development lot is equal to the unit entitlement of the community development lot.

(4) For the purposes of determining the
"value of a vote" for a special resolution or a poll of a precinct association--

(a) the value of the vote of a subsidiary body is equal to the unit entitlement of the former precinct development lot that was subdivided to constitute the subsidiary body, and

(b) the value of the vote of the owner of a precinct development lot is equal to the unit entitlement of the precinct development lot.

(5) For the purposes of determining the
"value of a vote" for a special resolution or a poll of a neighbourhood association, the value of the vote of the owner of a neighbourhood lot is equal to the unit entitlement of the neighbourhood lot.

(6) However, if the total unit entitlement of lots for which the original owner is entitled to a vote is not less than half of the total unit entitlement for the association, the value of the vote in respect of those lots is taken to be reduced by two-thirds, ignoring any fraction.

Note--: A motion or election that is not required to be approved by a special resolution or unanimous resolution is passed by a simple majority of votes, unless there is a poll (see Schedule 1, clause 13).

(7) In this Act--

"special resolution" of a strata corporation has the same meaning as in the Strata Schemes Management Act 2015 .