Many body corporate decisions must be made at a general meeting. A decision is made at a general meeting if a motion is included on the agenda, and owners vote to pass the motion. This is called a resolution.
There are different types of resolutions for general meetings for bodies corporate under other Acts.
If your body corporate does have a CMS, learn about general meeting resolutions in that case.
A motion on a general meeting agenda must say what type of resolution is needed for it to pass. The type of resolution needed for certain issues is sometimes mentioned in the legislation.
If no resolution type is given, the issue can generally be decided by an ordinary resolution. The committee may also be able to decide the issue unless it is a restricted matter.
The relevant legislation says how to count the votes for each type of resolution to work out whether the motion passes or fails.
If a voter abstains from voting, that is not included in the count of votes.
Ordinary resolution
Subsidiary bodies corporate
Each lot has 1 vote on a motion that can be decided by ordinary resolution. However, a person entitled to vote can ask for a poll.
A motion is passed by ordinary resolution if the votes counted for the motion (“yes” votes) are more than the votes counted against the motion (“no” votes).
If a motion receives an equal number of votes for and against it, the chairperson can cast another vote to decide the motion.
Higher-level bodies corporate
A motion is passed by ordinary resolution if body corporate members who vote for the motion have over 50% of all voting entitlements (or lot entitlements) recorded in the body corporate roll.
Special resolution
Subsidiary bodies corporate
A motion is passed by special resolution if the owners who vote against the motion:
- do not make up more than 25% of the total number of owners
and
- do not have more than 25% of the total lot entitlements of all lots in the body corporate.
Higher-level bodies corporate
In principal and primary thoroughfare bodies corporate—under the Sanctuary Cove Resort Act 1985 (SCR Act) and the Integrated Resort Development Act 1987 (IRD Act)—a motion is passed by special resolution if body corporate members who vote for the motion have at least 75% of all voting (or lot) entitlements recorded in the body corporate roll.
There is no reference to a special resolution under the Mixed Use Development Act 1993 (MUD Act). The term comprehensive resolution is used instead.
Comprehensive resolution
In community and precinct bodies corporate under the MUD Act, a motion is passed by comprehensive resolution if body corporate members who vote for the motion have at least 75% of all voting entitlements recorded in the body corporate roll.
There is no reference to a comprehensive resolution for:
- subsidiary bodies corporate under the Building Units and Group Titles Act 1980 (BUGT Act)
- principal and primary thoroughfare bodies corporate under the IRD Act or SCR Act.
The term special resolution is used instead.
Resolution without dissent
A motion is passed by resolution without dissent if there are no votes against the motion (i.e. there are no, “no” votes) in:
- subsidiary bodies corporate under the BUGT Act
- community and precinct bodies corporate under the MUD Act.
There is no reference to a resolution without dissent for principal and primary thoroughfare bodies corporate under the IRD Act or SCR Act.
Unanimous resolution
Subsidiary bodies corporate
A motion is passed by unanimous resolution if everyone entitled to vote:
- is present personally, by proxy, or by written vote at the time of the motion
and
- there are no votes against the motion.
Higher-level bodies corporate
In community and precinct bodies corporate under the MUD Act, a motion is passed by unanimous resolution if:
- all members of the body corporate are present personally, by proxy, or by written vote at the time of the motion
and
- there are no votes against the motion.
The IRD Act refers to unanimous resolutions. However, no express definition is provided.
There is no reference to a unanimous resolution under the SCR Act.
Majority resolution
In higher-level bodies corporate, a motion is passed by majority resolution if the votes counted for the motion are more than 50% of the lots of those entitled to vote on the motion.
Votes must be in writing. Proxies are not allowed.
There is no reference to a majority resolution under the BUGT Act for subsidiary bodies corporate.
