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Special Written Resolution

By Peter Brand on Wed, 10 Jan 2018 at 09:49

We are a sectional title complex with 20 sections, & are considering sinking a borehole. We have circulated the proposal (Special Resolution in Writing) - as I understand it, we needed 100% of section owners to reply in writing, & + 75% (by both number & PQ)voted to proceed with the borehole.
The topic was discussed (discussion only) at our AGM (the previous month), merely for information purposes.
We have an owner who is demanding a Special Resolution at a Special General Meeting before we can proceed (quoting directly from a Paddocks Blog written by Dr Carryn Melissa Durham, where she states that approval can only be given at a Special General Meeting. This same owner presented papers which were discussed at the AGM (a good half hour).
Paddocks Sectional Title Survival Manual (page 8) states that a Special Resolution in Writing is quite permissable as an altentive to a Special Resolution taken at a properly convened Special General Meeting. Nothing is said about 100% of members being required to vote, although we have ensured that 100% of owners voted for the Special Resolution in Writing.
Question: Can we proceed with the borehole based on the result of the Special Resolution, or must we hold a Special General Meeting?


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RE: Special Written Resolution

Murray Bennett replied on Wed, 10 Jan 2018 at 21:42

Sectional Titles Scheme Management Act - Regulations [The full text is available under the library section on this page]

Annual and special general meetings 17
(9) The body corporate does not have to hold a special general meeting to consider a resolution if all members waive the right to the meeting and
consent to the resolution in writing; provided that if two or more persons are jointly entitled to exercise a vote, all of them must waive the right to the meeting and consent to the resolution in writing.

RE: Special Written Resolution

Peter Brand replied on Tue, 16 Jan 2018 at 13:13

The question was merely if one can resolve the issue by a written special resolution, or if it is necessary to hold a special general meeting

RE: RE: Special Written Resolution

Anton Kelly replied on Wed, 17 Jan 2018 at 10:02

Hi Peter

We wish to bring it to your attention that Murray's answer, while correct, does not address your specific issue....Show More

RE: Special Written Resolution

Peter Brand replied on Thu, 18 Jan 2018 at 11:49

I would have thought that this issue is simple enough to answer in this forum, but no matter, I will seek an answert elsewhere

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