Western Australian Current Acts

STRATA TITLES ACT 1985 - SECT 122

122 .         Counting of votes

        (1)         Votes are to be counted (and recorded) as follows —

            (a)         for a unanimous resolution or a resolution without dissent, the votes must be counted by the number of votes cast;

            (b)         for a special resolution, the votes must be counted both by the number of votes cast and by the number of unit entitlements of the lots for which votes are cast;

            (c)         for an ordinary resolution, the votes must be counted by the number of votes cast unless any person entitled to cast a vote demands that they be counted by the number of unit entitlements of the lots for which votes are cast, in which case, they must be counted in that manner.

        (2)         A demand that a vote be counted by the number of unit entitlements of the lots for which votes are cast can be made —

            (a)         if the vote is being taken at a general meeting, orally or in writing before the resolution is put to the vote; and

            (b)         if the vote is being taken outside of a general meeting, when the vote is cast.

        (3)         Such a demand may only be withdrawn by the person who made the demand.

        [Section 122 inserted: No. 30 of 2018 s. 83.]

[Former section 122 renumbered as section 211 and relocated to Part 14.]

[Former section 122A renumbered as section 212 and relocated to Part 14: No. 30 of 2018 s. 84]