Persons entitled to vote at general meetings
2 Persons entitled to vote at general meetings
Subject to section 131 of this Act, a person is entitled to vote in respect of any lot on any motion submitted at a general meeting of a body corporate or on an election of the chairperson, secretary and treasurer of the body corporate and other members of the committee only if the person is the proprietor of that lot as shown on the roll or, where the proprietor so shown is a corporation, the company nominee of that corporation as shown on that roll.
Notwithstanding any other provision of this section, a first mortgagee of a lot, as shown on the roll, or, where the first mortgagee is a corporation, the company nominee, as shown on that roll, of that corporation is entitled to vote in respect of that lot on any motion submitted at a general meeting of a body corporate or on an election of the chairperson, secretary and treasurer of the body corporate and members of the committee in accordance with section 131.
Notwithstanding section 53(11) of this Act, coproprietors or comortgagees including, where a coproprietor or comortgagee is a corporation, the company nominee of that corporation as shown on the roll shall only be entitled to cast a vote by a person duly appointed in writing as a proxy by them jointly and if notice of the person’s appointment has been given to the secretary of the body corporate before the commencement of the meeting at which the vote is cast or by furnishing to the secretary of the body corporate a voting paper referred to in section 1(6)(b) indicating their joint vote on that motion or, where relevant, a ballot paper, duly completed, referred to in section 1(5)(c).
Only the proprietor entitled to the first of 2 or more successive estates in a lot or, where that proprietor is a corporation, the company nominee of that corporation as shown on the roll is, subject to this part, entitled to cast a vote on a motion submitted at a general meeting of a body corporate or on an election of the chairperson, secretary and treasurer of the body corporate and other members of the committee.
A proprietor who is the trustee of a lot or, where that proprietor is a corporation, the company nominee of that corporation as shown on the roll is, subject to this part, entitled to cast a vote on a motion submitted at a general meeting of a body corporate or on an election of the chairperson, secretary and treasurer of the body corporate and other members of the committee and the persons beneficially interested in the trust are not entitled to cast such a vote.
Notwithstanding any other provision of this Act, at a general meeting of the body corporate a person shall not be entitled to vote in respect of—
any motion other than a motion which to be effective must be passed by unanimous resolution or resolution without dissent; or
the election of the chairperson, secretary or treasurer of the body corporate or the other members of the committee;
unless—
all contributions levied and due and payable at least 30 days before the meeting in respect of the lot in respect of which the person is entitled to vote; and
any other moneys recoverable under this Act by the body corporate from the person or the proprietor of the lot at the date of the notice given under section 1(4);
have been duly paid before the commencement of the meeting.
The voting rights conferred by this section are subject to section 53(11) and (12) of this Act.
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