New South Wales Consolidated Acts

STRATA SCHEMES MANAGEMENT ACT 2015 - SECT 5

5 Resolutions of owners corporations

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

(a) it is passed at a properly convened general meeting, and

(b) of the value of 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 determining a special resolution, the value of a vote for a lot is equal to the unit entitlement of the lot, subject to subsection (2A).

(2A) The value of a vote cast by an original owner of a strata scheme must be reduced by two-thirds if--

(a) the total unit entitlement of lots for which the original owner is entitled to a vote is at least half of the aggregate unit entitlement of the lots in the scheme, and

(b) the scheme comprises more than 2 lots.

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

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 (see clause 14 of Schedule 1).