New South Wales Consolidated Regulations

COMMUNITY LAND MANAGEMENT REGULATION 2018 - REG 23

23 Altered arrangements for voting at association meetings--the Act, s 122A(1)(b)

(1) The means of voting specified in clause 25 may be used to determine a matter at an association meeting.

(2) Division 2 applies to the use, under this clause, of those means of voting.

(3) If those means of voting are to be used, the secretary of the association, or, if a managing agent may exercise the functions of the secretary under Division 2, the managing agent, must take reasonable steps necessary to ensure that each member of the association or each member of the executive committee, as the case may be, can participate in and vote at the association meeting.

(4) To avoid doubt, this clause--

(a) applies despite any requirement in the Act for a vote at an association meeting to be exercised in person, but

(b) does not permit pre-meeting electronic voting to be used for an election.

(5) A person who has voted, or intends to vote, on a motion or at an election at a meeting by a permitted means other than a vote in person is taken to be present for the purposes of determining whether there is a quorum for the motion or election.

Note--: For quorum requirements for association meetings, see the following--

(a) the Act, section 38(1),

(b) the Act, Schedule 5, clauses 7, 21 and 35,

(c) the Act, Schedule 6, clauses 10, 30 and 50.