New South Wales Consolidated Acts New South Wales Consolidated ActsA former occupant of a retirement village may vote on a measure or action relating to the village if the former occupant is, or would have been, entitled to vote on the measure or action as a resident.
(1) If this Act provides that a particular measure or action is of no effect unless it is consented to by the residents of a retirement village, or otherwise requires the consent of the residents, the residents of the village concerned are taken to have given their consent if more than 50% of the residents who vote (whether personally or by proxy) on the measure or action (being residents who are entitled to vote) consent to it.
(2) Subclause (1) does not apply to a measure or action that requires a special resolution.
(1) A vote in relation to a measure or action other than a measure or action that requires a special resolution may be taken by means of--(a) a show of hands, or(b) a written ballot conducted in accordance with the regulations, or(c) for a vote by residents of a village in which there is a Residents Committee--(i) a ballot conducted by electronic means, approved by the Residents Committee, with residents participating in the ballot from a remote location, or(ii) a ballot conducted by electronic means, approved by the Residents Committee, before the meeting at which, or before the date by which, the measure or action is to be determined, or(d) for a vote by residents of a village in which there is no Residents Committee--(i) a ballot conducted by electronic means, approved by the person convening the meeting, with residents participating in the ballot from a remote location, or(ii) a ballot conducted by electronic means, approved by the person convening the meeting, before the meeting at which, or before the date by which, the measure or action is to be determined.
(1A) If a ballot is to be conducted by electronic means, the chair of the meeting in relation to which the ballot is being held must take reasonable steps to ensure that each resident entitled to participate in the meeting and vote in the ballot can participate in the meeting and vote in the ballot using the means.
(2) The regulations may require a vote in relation to a measure or action of a particular class or kind to be taken by means of a written ballot.
(1) The operator of a retirement village must accept as the residents' decision in relation to a measure or action that requires their consent the decision that is reported to the operator by--(a) an officer of the Residents Committee, or(b) if there is no Residents Committee established for the village, a resident elected by the means referred to in clause 3 (1) of this Schedule as the representative of the residents of the village in relation to the measure or action concerned.
(2) Regulations may be made for or with respect to the election of a representative of residents for the purposes of subclause (1).
If a measure or action requires a special resolution, a ballot must be conducted in accordance with the regulations.
A special resolution is carried only if it is passed by at least 75% of the number of residents who participate in the ballot.