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BODY CORPORATE AND COMMUNITY MANAGEMENT (ACCOMMODATION MODULE) REGULATION 2020 - REG 56

When voting member ineligible to vote at committee meetings [SM, s 64]

56 When voting member ineligible to vote at committee meetings [SM, s 64]

(1) This section applies in relation to a voting member of a committee (a
"debtor member" ) if, at the time of a meeting of the committee—
(a) the member owes a body corporate debt in relation to a lot owned by the member; or
(b) the member is not a lot owner and—
(i) the member is nominated to be a voting member of the committee under section 11 (1) (b) or (c) ; and
(ii) the nominating entity owes a body corporate debt in relation to a lotowned by the entity.
(2) A debtor member is ineligible to vote at the meeting in the member’s own right or as a proxy for another voting member.
(3) Also, a person who holds the proxy for a debtor member is ineligible to exercise a vote on behalf of the debtor member at a meeting of the committee.
Note—
Under section 116 , it is an offence for a person to exercise a proxy at a committee meeting knowing that the person does not have the right to exercise it.
(4) However, nothing in this section prevents a debtor member from being counted, under section 52 , for deciding whether there is a quorum for a meeting of the committee.



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