Community Titles Act 2018

A proposed resolution can be put to the members of a community corporation —

at a general meeting; or

outside of a general meeting.

A resolution can be proposed only by a member of the community corporation who is entitled to vote on the resolution.

A proposed resolution can only be put to the members if —

written notice of the proposed resolution is given to all members of the community corporation at least 14 days before the vote is taken at the meeting or the period for voting by electronic or other means opens; and

the notice includes —

the terms of the proposed resolution; and

details of the voting system to be used and any requirements for its use.

The voting system, whether it is electronic or by other means, must —

enable votes to be cast in a manner designed to protect the integrity of the voting system; and

comply with any requirements specified in the regulations.

A vote on a proposed resolution is to be taken as follows —

1 vote may be cast for each lot and each tier parcel in the community titles scheme;

the value of the vote is the unit entitlement of the lot or tier parcel.

A resolution is passed as an ordinary resolution of the community corporation if the value of the votes cast in favour of a proposed resolution is more than the value of the votes cast against the proposed resolution.

A resolution is passed as a special resolution of the community corporation if —

the value of the votes cast in favour of a proposed resolution total more than ¾ of the sum of the unit entitlements of all the lots and tier parcels in the community titles scheme; or

for a community corporation with only 2 or 3 members, the value of the votes cast in favour of a proposed resolution total more than ⅔ of the sum of the unit entitlements of all the lots and tier parcels in the community titles scheme.

The vote attached to a lot —

is exercisable by the owner of the lot; and

if 2 or more persons own the lot, is exercisable only through the owners jointly appointing a proxy.

The vote attached to a tier parcel —

is exercisable by the community corporation for the community titles scheme that subdivides the parcel; and

is exercisable only if the vote of the community corporation is cast according to an ordinary resolution of the members of the community corporation.

A decision about how a community corporation is to vote on a proposed resolution of a community corporation of which it is a member can be made by ordinary resolution whether or not the proposed resolution is required to be a special resolution.

Meetings of community corporations in the community scheme and voting arrangements must be organised so as to enable decisions to be made as required under this section.

The community corporations of a community scheme can be considering and voting on the same resolution during the same period.

Scheme by‑laws —

can impose requirements for the operation of an electronic or other voting system; and

can exclude the application of subsection (3) to a decision on a specified class of matters that may be determined by ordinary resolution; and

can exclude a member of the community corporation whose contributions to the community corporation are overdue from voting on a resolution that may be passed as an ordinary resolution.

Scheme by‑laws —

cannot exclude the application of subsection (3) on a matter that must be determined by special resolution; and

cannot exclude a member of the community corporation from voting on a resolution that is required to be a special resolution.

An ordinary resolution of a community corporation is of no effect to the extent that it purports to exclude or restrict the operation of scheme by‑laws unless that is expressly contemplated by the by‑laws.