Body corporate decisions are called resolutions.
Most decisions are made by ordinary resolution or special resolution. They are usually made at meetings and must be in writing.
Most decisions are made by ordinary resolution. An ordinary resolution needs a majority (over 50%) of votes to pass.
There must be a special resolution if there will be a significant effect on unit owners. A special resolution needs at least 75% of votes to pass. If by special resolution the decision has been delegated to the body corporate committee, then a simple majority of votes is enough.
Some examples are:
- increasing or changing levies
- borrowing money.
Some decisions are important to everyone involved in the complex. These are called designated resolutions and may include decisions on:
- the property itself (eg, selling or buying common property)
- matters that affect owners financially (eg, redeveloping units or common property).
If passed, the body corporate will notify:
- all owners
- anyone with a registered interest in the complex.
If you object to the decision, complete the below form within 28 days. You should get advice from your lawyer before objecting.
Each principal unit has one vote. Votes are not rounded up.
As an example, if there are 10 principal units and only 7 owners vote:
- A special resolution will need 75%. To pass there must be at least 6 votes in favour.
- An ordinary resolution will need a majority. To pass there must be at least 4 votes in favour.
To vote you must be over 16 years old and:
- A principal unit owner or their representative, or
- the nominee or proxy of the registered owner or their representative, or
- a subsidiary body corporate representative
You cannot vote if you have unpaid levies due to the body corporate.
If you disagree with a resolution
If you were at the meeting and voted on the matter, you can request a poll. In a poll, each vote is weighted according to the ownership interest. A person with a larger interest has more of a say than a person with a smaller interest. The result of the poll then becomes the resolution.