South Australian Current Acts South Australian Current Acts (1) Subject to this
section, at a general meeting of a strata corporation, one vote may be
exercised in respect of each unit on any matter arising for decision.
(2) If—
(a) all
of the units comprised in the strata scheme consist of non-residential
premises; and
(b) the
strata corporation has, by unanimous resolution, decided to adopt the voting
system provided by this subsection,
then a number of votes is exercisable in respect of each unit equivalent to
the unit entitlement of the unit.
(2a) A unit holder may
nominate another person (a "proxy") to attend and vote at meetings on his or
her behalf.
(3) A vote may be
exercised as follows:
(a) it
may be exercised (subject to paragraph (b)) by the unit holder or a proxy
of the unit holder;
(b) if
there are two or more unit holders in respect of the same unit, the following
provisions apply:
(i)
if only one attends the meeting—the vote is
exercisable by that unit holder;
(ii)
if two or more attend the meeting—the vote is
exercisable by one of them on behalf of all in accordance with an agreement
between them or, if there is no such agreement, by the unit holder whose name
appears first on the certificate of title for the unit.
(3a) The nomination of
a person as a proxy of a unit holder—
(i)
be made by written notice to the secretary of the
strata corporation; and
(ii)
specify whether the nominated person—
(A) is nominated to attend and vote at all
meetings, and in relation to all matters, on behalf of the unit holder; or
(B) is nominated to attend and vote only at
specified meetings, or in relation to specified matters, on behalf of the
unit holder; and
(b) may
specify conditions in relation to the nomination; and
(c) if a
specified condition requires the nominated person to vote in a particular way
in relation to a matter in which the unit holder has a direct or indirect
pecuniary interest (other than an interest that the unit holder has in common
with all the holders of the strata units)—must specify the nature of the
unit holder's pecuniary interest; and
(d) may
be revoked by the unit holder at any time by subsequent written notice to the
secretary (and any contract or agreement to the contrary is unenforceable);
and
(e) 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 (d); and
(f) does
not derogate from the power of the unit holder to attend and vote at meetings
on his or her own behalf.
(3b) Failure to comply
with a requirement of subsection (3a)(a) will invalidate the nomination.
(3c) Without limiting
subsection (3a), if a person who is a body corporate manager or an
employee of a body corporate manager is nominated as a proxy of a unit holder
of the corporation, 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).
(3d) If a unit holder
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 strata 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.
(3e) If a general
power of attorney referred to in subsection (3d) appoints a
body corporate manager, a copy of the instrument of appointment must be
provided to the secretary of the corporation before the meeting, or the first
of the meetings, to which it relates.
(3f) The secretary of
the corporation must ensure that a copy of each written notice of nomination,
and each instrument provided under subsection (3e), applying in relation
to a meeting is available for inspection at the meeting before any matter is
voted on.
Penalty: Division 9 fine.
(4) A unit holder 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.
(5) A written ballot
may be demanded by a unit holder (or a proxy of a unit holder) attending a
meeting.
(6) Such a ballot will
be taken amongst the unit holders (or proxies of unit holders) attending the
meeting in such manner as the person presiding at the meeting thinks fit.
(7) Except where a
unanimous resolution is required, a vote is not exercisable in relation to a
unit unless all amounts due and payable to the strata corporation in respect
of the unit have been paid.
(8) Except where
otherwise provided by this Act or by the articles of a strata corporation, the
decisions of the corporation in a general meeting will be made by
ordinary resolutions.