South Australian Current Acts South Australian Current Acts (1) Subject to this
section the owner of a community lot is entitled to attend and vote at general
meetings of the corporation.
(2) The owner of a
development lot is not entitled to attend or to vote at general meetings in
his or her capacity as the owner of that lot.
(3) Subject to
subsection (8), an owner (whether a secondary or tertiary corporation or
any other body corporate or a natural person) may nominate another person to
attend and vote at meetings on his or her behalf.
(4) Subject to
subsection (8), where there is more than one owner of a lot, a person
(who may, but need not, be one of the owners) may be nominated by all of the
owners to vote on their behalf.
(5) A nomination
referred to in subsection (3)—
(i)
in the case of a nomination relating to the
first statutory general meeting—by written notice given to the person
initially presiding at the meeting; or
(ii)
in any other case—by written notice given to the
secretary of the corporation; and
(b) must
specify whether the nominated person—
(i)
is nominated to attend and vote at all meetings, and in
relation to all matters, on behalf of the owner; or
(ii)
is nominated to attend and vote only at specified
meetings, or in relation to specified matters, on behalf of the owner; and
(c) may
specify conditions in relation to the nomination; and
(d) if a
specified condition requires the nominated person to vote in a particular way
in relation to a matter in which the owner has a direct or indirect pecuniary
interest (other than an interest that the owner has in common with all the
owners of the community lots)—must specify the nature of the owner's
pecuniary interest; and
(e) may
be revoked by the owner at any time by subsequent written notice to the
secretary (and any contract or agreement to the contrary is unenforceable);
and
(f) is
effective for a period of 12 months or such lesser period as may be
specified in the written notice of nomination unless the nomination is revoked
earlier under paragraph (e); and
(g) does
not derogate from the power of the owner to attend and vote at meetings on his
or her own behalf.
(5a) Failure to comply
with a requirement of subsection (5) will invalidate the nomination.
(6) A nomination
referred to in subsection (4)—
(a) must
be made by written notice to the secretary of the corporation by all of the
owners of the lot; and
(b) must
specify the meeting or meetings to which it relates; and
(ba) may
specify conditions in relation to the nomination; and
(bb) if
a specified condition requires the nominated person to vote in a particular
way in relation to a matter in which an owner has a direct or indirect
pecuniary interest (other than an interest that the owner has in common with
all the owners of the community lots)—must specify the nature of the
owner's pecuniary interest; and
(c) may
be revoked at any time by one of the owners by written notice to the
secretary.
(6a) Without limiting
subsection (5) or (6), if a person who is a body corporate manager
in relation to the corporation, or an employee of such a
body corporate manager, is nominated under subsection (3) or (4),
the nomination ceases to have effect on the person ceasing to be a body
corporate manager in relation to the corporation or an employee of such a body
corporate manager (as the case may require).
(7) Where there is
more than one owner of a lot and there is no person who is entitled to vote on
behalf of the owners pursuant to a nomination under subsection (4), the
following provisions apply—
(a) if
only one of the owners attends a meeting—the vote is exercisable by that
person;
(b) if
two or more of the owners attend a meeting—the vote is exercisable by
one of them in accordance with an agreement between all the owners attending
the meeting but, if there is no such agreement, none of them is entitled to
vote.
(8) Subject to
subsection (9), the developer or an associate of the developer cannot be
nominated under subsection (3) or (4) if one or more of the
community lots is used, or is intended to be used, solely or predominantly for
residential purposes.
(9)
Subsection (8) does not apply if the community parcel is subject to a
leaseback arrangement.
(9a) If an owner
appoints, by general power of attorney under section 5 of the Powers of
Attorney and Agency Act 1984 , a person as his or her attorney
specifically for the purpose of attending and voting at meetings, or specified
meetings, of the community corporation, the appointment is, despite any
provision of that Act or the terms of the general power of attorney, effective
for a period of 12 months or such lesser period as may be specified in
the power of attorney unless the power of attorney is revoked earlier.
(9b) If a general
power of attorney referred to in subsection (9a) appoints a
body corporate manager, a copy of the instrument of appointment must be given
to the secretary of the corporation before the meeting, or the first of the
meetings, to which it relates.
(10) A person who is
not an owner of a community lot but has been nominated by an owner or owners
to attend and vote at a general meeting of the corporation, must be regarded
as a member of the corporation for the purposes of proceedings at the meeting.
(10a) A copy of each
written notice of nomination and each instrument of appointment referred to in
subsection (9b) applying in relation to the meeting must be made
available by—
(a) in
the case of a nomination relating to the first statutory general
meeting—the person initially presiding at the meeting; or
(b) in
any other case—the secretary of the corporation,
for inspection by persons attending the meeting before any matter is voted on
at the meeting.
Maximum penalty: $500.
(11) The owner of a
lot may exercise an absentee vote on a proposed resolution by giving the
secretary written notice of the proposed vote at least six hours before the
time of the meeting.
(12) A member
attending a meeting of a corporation may demand a written ballot on any
question.
(13) The ballot will
be taken in such manner as the person presiding at the meeting thinks fit.
(14) A vote cannot be
exercised in relation to a lot unless all amounts payable to the corporation
in respect of the lot have been paid.
(15) If the number of
votes supporting a resolution is equal to the number of votes against the
resolution, the resolution is lost.