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Body corporate resolution calculator

Choose an ordinary, special or unanimous resolution, enter the votes from the meeting and see whether it passed. Special and unanimous resolutions are counted in value and in number, as the Sectional Titles Schemes Management Act requires.

PMR 20(1) Ordinary, a majority in valueSection 1 Special, 75 per centSection 1 Unanimous, every vote cast in favour

A special resolution

75%

of the votes present or represented, in value and in number

An ordinary resolution needs a majority in value of the members present and voting. A unanimous one needs every vote cast in favour, with 80 per cent present or represented.

The calculator

Did the resolution pass?

Enter the members of the body corporate, the votes present or represented and the votes for and against, each in value and in number. Abstentions and members who did not vote count as present but not in favour of a special resolution.

The result

The resolution passes

In value: 37.00% of 45.90% present or represented, 80.61%.

In number: 8 of 10 members present or represented, 80.00%.

The rule

At least 75 per cent of the votes of the members present or represented, in value and in number. STSMA s1

General information, not legal advice.

What the law says

What each resolution needs

Section 1 of the Sectional Titles Schemes Management Act defines special and unanimous resolutions, and prescribed management rule 20 governs the rest. A scheme's own rules may differ where the law allows.

General information, not legal advice.

PMR 20(1)

Ordinary resolution

A motion needs no seconder. Unless it is a special or unanimous resolution, it passes by a majority of the votes, calculated in value, of the members present and voting.

Section 1

Special resolution

Passed by members holding at least 75 per cent, in value and in number, of the votes of the members present or represented at a general meeting, or agreed in writing by members holding at least 75 per cent of all the votes, in value and in number.

Section 1

Unanimous resolution

Passed at a general meeting where members holding at least 80 per cent of all the votes, in value and in number, are present or represented, and all the members who cast their votes do so in favour, or agreed in writing by all the members.

Section 6(2)

Thirty days' notice

When a special or unanimous resolution is on the agenda, members need at least 30 days' written notice, unless the scheme's rules provide for shorter notice.

PMR 20(8)

The result, announced and minuted

The chairperson announces the result of each vote, with the votes for and against, and it is recorded in the minutes.

PMR 20(9), 20(10)

A week's wait after a narrow special resolution

A special resolution passed by members holding less than half of all the votes in value waits a week, unless the trustees resolve that immediate action is needed for safety or to prevent significant loss or damage. Within those seven days, members holding a quarter of all the votes in value may, by a written and signed request delivered to the body corporate, require a special general meeting to reconsider it, and the trustees may not then act on it unless it passes again by special resolution or no quorum is present within 30 minutes of the time set for that meeting.

A worked example

One special resolution, counted step by step

  1. 01

    See who is present

    A body corporate has 22 members. Ten are present or represented, holding 45.90 per cent of all the votes in value.

  2. 02

    Count in value

    Members holding 37.00 per cent vote for it and 5.25 per cent against. 37.00 of 45.90 is 80.61 per cent, above 75.

    Section 1
  3. 03

    Count in number

    Eight of the ten members present or represented vote for it. That is 80 per cent, also above 75, so the resolution passes.

  4. 04

    Check the week's wait

    The members in favour hold 37.00 per cent of all the votes, less than half, so the resolution waits a week and may be called back for reconsideration.

    PMR 20(9)

Questions

Questions about resolutions

Anything else: ask us when you book a demo, or write to info@nanotech-computers.com.

What is a special resolution in a body corporate?
A resolution passed by members holding at least 75 per cent, in value and in number, of the votes of the members present or represented at a general meeting, or agreed in writing by members holding at least 75 per cent of all the votes, in value and in number (section 1). Changing the conduct rules is one decision that needs it (section 10(2)(b)). General information, not legal advice.
What is the difference between a special and a unanimous resolution?
A special resolution needs 75 per cent of the votes present or represented, in value and in number. A unanimous resolution needs every member who votes to vote for it, at a meeting where members holding at least 80 per cent of all the votes are present or represented, or the written agreement of all the members (section 1). Changing the management rules takes a unanimous resolution (section 10(2)(a)). General information, not legal advice.
How is an ordinary resolution counted?
By a majority of the votes, calculated in value, of the members present and voting (rule 20(1)). Members who abstain are left out of the count, and a tie is not a majority. General information, not legal advice.
Do abstentions count?
For a special resolution, a member present or represented who abstains or does not vote still counts among the votes present, so an abstention works against reaching 75 per cent. For an ordinary resolution, only the members present and voting are counted. General information, not legal advice.
Can owners pass a resolution without a meeting?
Yes, in writing. A special resolution can be agreed in writing by members holding at least 75 per cent of all the votes, in value and in number, and a unanimous resolution by all the members (section 1). The calculator counts resolutions taken at a meeting. General information, not legal advice.
Does the calculator store what I enter?
No. It runs in your browser, and nothing you enter is sent anywhere.

Related

More on meetings and votes

Quorum calculator

Whether the members present or represented make a quorum, in value and in persons.

Read more

Voting and resolutions

Ordinary, special and unanimous resolutions, counted from the chair's console.

Read more

Rules

Conduct rules change by special resolution, management rules by unanimous resolution.

Read more

Let Estate Manager count the votes

It counts every resolution in value and in number as owners vote from a phone, and records the result with the rule that decided it.

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