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In NSW, a motion for a new or changed by-law requires 75% of apartment owners to agree for the motion to pass. Does anyone know if the 75% is based on unit entitlements, or is it based on number of lots where each lot gets one vote? My apartment block has lots all with different entitlements.
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In NSW, a by-law requires approval by 75 per cent of the unit entitlements of owners voting in person, by proxy or by other valid means. NB: Not all owners – just those voting.
Your agenda should note which motions will require a special resolution, and special resolutions must be calculated by unit entitlements.
By the way, any owner can ask for any motion to be calculated by a “poll” vote (unit entitlements), during the discussion or immediately after a show of hands.
Other states have different methods of calculating special resolutions and different criteria for passing by-laws..
The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.
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