Section 88 – When motion must be decided by secret ballot

Posted on January 3, 2018 by admin
  1. A motion to be decided at a general meeting of the body corporate must be decided by secret ballot if—
    1. the motion is required under the Act or this regulation to be decided by secret ballot; or
      • Note—
        See, for example—
      • sections 114 (Authority to make engagement or give authorisation, or amend engagement or authorisation), 130 (Termination for conviction of particular offences etc.) and 131 (Termination for failure to comply with remedial action
        notice)
      • sections 139 (Code contravention notice) and 140 (Requirement for transfer) of the Act.
    2. the committee has recommended that the motion be decided by secret ballot; or
    3. the body corporate has by ordinary resolution required that the motion be decided by secret ballot.
  2. However, a recommendation of the committee under subsection (1)(b), or a requirement of the body corporate under subsection (1)(c), has no effect for a motion unless there is sufficient time, after the recommendation or requirement is made, for voting material for the motion to be prepared and sent to owners of lots as required under section 70.
  3. For subsection (1)(c), a requirement of the body corporate—
    1. may apply to any of the following to be decided by the body corporate—
      1. a particular motion;
      2. motions about a particular stated subject;
        • Example—
          motions about improvements to common property
      3. all motions; and
    2. for a motion mentioned in paragraph (a)(ii) or (iii)—applies for the period stated in the resolution, ending not later than the end of the next annual general meeting held after the general meeting where the resolution is passed.
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