Australian Capital Territory Numbered Acts

UNIT TITLES LEGISLATION AMENDMENT ACT 2020 (NO. 4 OF 2020) - SECT 145

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10     Owners corporation alternative method and process for voting—Act, sch 3, s 3.31A (1)

    (1)     An owners corporation may adopt any of the following ways to vote on a matter to be decided by the owners corporation at a general meeting:

        (a)     voting in the meeting by teleconference, videoconference, email or other electronic means;

        (b)     voting on a motion by email or other electronic means before the meeting at which the matter (other than an election) is to be decided ( pre-meeting electronic voting ).

Example—par (b)

requiring members to access a voting website and to vote in accordance with instructions contained on that website

    (2)     For subsection (1) (b)—

        (a)     the owners corporation must ensure that members have reasonable access to facilities to vote; and

        (b)     information about how members can access the facilities must accompany the notice of the general meeting.

Example—par (a)

making computer facilities available to members who do not have a personal computer of their own during business hours

    (3)     A motion that is to be decided wholly by pre-meeting electronic voting may not be amended at the general meeting for which the pre-meeting electronic voting is conducted.

    (4)     A motion that is to be decided partly by pre-meeting electronic voting must not be amended at the general meeting for which the pre-meeting electronic voting is conducted if the effect of the amendment is to change the subject matter of the original motion.

    (5)     If a motion that is to be decided partly by pre-meeting electronic voting is amended at the general meeting for which the pre-meeting electronic voting is conducted, the minutes of the meeting must be accompanied by a notice of a change and a statement setting out the power to request a further general meeting under the Act

, schedule 3, section 3.5.