Sectional Title Update ...
There still appears to be quite a lot of confusion about exactly WHAT a special resolution is, and exactly HOW it is obtained. We’ll try to clarify matters:
In a nutshell, certain requirements for the passing of a unanimous resolution are prescribed by the Sectional Titles Act, and there are 2 ways that such a resolution can be obtained:
- Firstly, 30 days notice by prepaid registered mail must be given of a general meeting at which the proposed resolution will be put to the vote, in other words it must specifically be stated on the agenda that a unanimous resolution is being proposed. A quorum for the meeting is 80% of all members of the body corporate present in person, or by proxy, or by representative recognised in law. ALL members present must vote in favour of the unanimous resolution for it to be passed on the one man one vote system (i.e. vote by value is not required unless a poll is specifically requested!).
If an owner abstains from voting, it is counted as a vote in favour of the resolution.
OR
- A round robin unanimous resolution can be obtained. In other words, no meeting is
held but members are asked to cast their vote in writing. In this instance EVERY SINGLE MEMBER,or his/her/its proxy or representative recognised in law, must vote in favour of the resolution for it to be validly passed.
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