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STRATA TITLES ACT 1985 - SECT 123

123 .         Resolutions

        (1)         A resolution of a strata company is a unanimous resolution if —

            (a)         14 days’ notice of the terms of the proposed resolution is given to each member of the strata company before voting on the resolution opens; and

            (b)         the vote attached to each lot in the scheme is cast in favour of the resolution.

        (2)         Subject to subsection (3), a resolution of a strata company is a resolution without dissent if —

            (a)         14 days’ notice of the terms of the proposed resolution is given to each member of the strata company before voting on the resolution opens; and

            (b)         no vote attached to a lot in the scheme is cast against the resolution.

        (3)         For a 2-lot scheme, a resolution is only to be regarded as a resolution without dissent if it is a unanimous resolution.

        (4)         Subject to subsections (5) and (6), a resolution of a strata company is a special resolution if —

            (a)         14 days’ notice of the terms of the proposed resolution is given to each member of the strata company before voting on the resolution opens; and

            (b)         the votes in favour of the resolution equal —

                  (i)         when counted by number — not less than 50% of the number of lots in the scheme; and

                  (ii)         when counted by unit entitlements — not less than 50% of the unit entitlements of the lots in the scheme;

                and

            (c)         the votes against the resolution equal —

                  (i)         when counted by number — less than 25% of the number of lots in the scheme; and

                  (ii)         when counted by unit entitlements — less than 25% of the unit entitlements of the lots in the scheme.

        (5)         For a 2-lot scheme, a resolution is only to be regarded as a special resolution if it is a unanimous resolution.

        (6)         For a 3, 4 or 5-lot scheme, a resolution of the strata company is a special resolution if —

            (a)         14 days’ notice of the terms of the proposed resolution is given to each member of the strata company before voting on the resolution opens; and

            (b)         the votes in favour of the resolution equal—

                  (i)         when counted by number —

                        (I)         for a 3-lot scheme — not less than 2; and

        (II)         for a 4-lot scheme — not less than 3; and

        (III)         for a 5-lot scheme — not less than 4;

                and

                  (ii)         when counted by unit entitlements — not less than 50% of the unit entitlements of the lots in the scheme.

        (7)         A resolution of a strata company is an ordinary resolution if —

            (a)         for a resolution passed other than at a general meeting, 14 days’ notice of the terms of the proposed resolution is given to each member of the strata company before voting on the resolution opens; and

            (b)         it is passed when counted as required under section 122 (1)(c) —

                  (i)         by number — by more than 50% of the number of lots for which votes are cast; or

                  (ii)         by unit entitlements — by more than 50% of the sum of the unit entitlements of the lots in the scheme for which votes are cast.

        Note for this subsection:

                For an ordinary resolution, the question is determined against the resolution on an equal number of votes whether counted by number or by unit entitlements.

        [Section 123 inserted: No. 30 of 2018 s. 83.]

[Former section 123 renumbered as section 213 and relocated to Part 14: No. 30 of 2018 s. 84.]

[ 123A.         Deleted: No. 30 of 2018 s. 82(b).]

[Former section 123B renumbered as section 214 and relocated to Part 14: No. 30 of 2018 s. 84.]

[ 123C.         Deleted: No. 30 of 2018 s. 82(b).]



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