At a body corporate general meeting a special resolution passes on the initial vote, and an owner who voted then requests a poll. What does the motion need to pass on the poll?
Correct Answer
D) 75% of the ownership interest represented by those voting in the poll
Votes at a body corporate general meeting are first counted one vote per principal unit (ss 97-98). Any eligible voter who voted can request a poll (s 99). On a poll, an ordinary resolution needs a majority of the ownership interest represented by those voting, and a special resolution needs 75% of that ownership interest (s 100(3)-(4)). The poll result is the meeting's resolution.
Why This Is the Correct Answer
Under section 100(4) of the Unit Titles Act 2010, when a poll is requested on a special resolution, the motion passes only if 75% of the ownership interest represented by those voting is in favour. The poll result becomes the resolution of the general meeting (s 100(5)).
Why the Other Options Are Wrong
Option A: A simple majority of the ownership interest of every unit in the development
A majority of ownership interest is the poll test for an ordinary resolution, and it counts those voting, not every unit.
Option B: A majority of the body corporate committee confirming the earlier vote
The committee cannot confirm or overturn a general meeting's resolution; the poll result is the resolution of the meeting (s 100(5)).
Option C: The written consent of every owner whose unit is affected by the motion
The Act has no general affected-owner consent rule for a poll. The poll is decided by ownership interest.
Deep Analysis of This Property Law Question
The poll mechanism lets owners with larger units, and larger ownership interests, test a vote taken by headcount. The question checks that you know the special-resolution threshold switches from 75% of voters to 75% of ownership interest.
Background Knowledge for Property Law
Under the Unit Titles Act 2010 a special resolution first needs 75% of the eligible voters who vote (s 98(4)). A poll may be requested by any eligible voter who voted (s 99). On a poll, votes are weighted by ownership interest: a majority for an ordinary resolution and 75% for a special resolution (s 100). Most matters are decided by ordinary resolution (s 101); special resolutions are required only where the Act says so.
Memory Technique
Remember 'heads, then shares': the first count is one vote per unit (heads); a poll re-counts by ownership interest (shares).
If a question mentions a poll, switch from counting voters to counting ownership interest, and keep the threshold (majority or 75%) that matches the resolution type.
Exam Tip for Property Law
Know the four numbers: ordinary resolution = majority of voters, or majority of ownership interest on a poll; special resolution = 75% of voters, or 75% of ownership interest on a poll.
Real World Application in Property Law
A motion to sell a strip of common property passes by 8 votes to 2. An owner of a large penthouse requests a poll. Weighted by ownership interest, those in favour hold only 70% of the interest represented, so the special resolution fails.
Common Mistakes to Avoid on Property Law Questions
- •Thinking a poll counts every unit in the development rather than those voting
- •Forgetting the threshold stays at 75% for a special resolution
- •Believing the committee can override a general meeting
Related Topics & Key Terms
Key Terms:
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