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There are different types of resolutions, depending on the percentage of votes required to agree before a resolution is passed. Please note:

  • The percentages required to pass resolutions relate to the total number of lots or lot entitlements not to the percentage of owners who may attend a meeting or respond to a ballot.
  • A lot owner may own more than one lot and therefore may have more than one vote.
  • The text of unanimous and special resolutions must be set out on the notice of the meeting.

Types of resolutions

Unanimous resolutions require 100 per cent agreement by lots (ie. All owners or their proxies)

Special resolutions require agreement by owners or their proxies representing 75 per cent of lots or lot entitlements. If at a meeting or by ballot, a special resolution attracts agreement by owners or proxies representing at least 50 per cent of lots and no more than 25 per cent against, it is termed an interim special resolution.

Interim special resolutions require a notice to be sent to all lot owners within 14 days and can only be acted on after 29 days. If the secretary receives petition by owners or proxies representing 25 per cent of the lots against an interim special resolution within 29 days of the meeting or ballot, the resolution fails.

Ordinary resolutions that cannot be delegated to a committee, manager or lot owner require agreement by owners or proxies representing at least 50 per cent of lots or lot entitlements. If a general meeting does not have a quorum, the ordinary resolutions passed at the meeting become interim ordinary resolutions.

Interim ordinary resolutions require a notice to be sent to all lot owners within 14 days and can only be acted on after 29 days if no petition representing 25 per cent of lots or lot entitlements is received to call another meeting

Ordinary resolutions that can be delegated to the committee, manager or lot owner. The delegate can make a decision without further consultation.

Unanimous resolutions are required for fundamental decisions, such as selling common property, buying land, altering boundaries or altering lot entitlement and lot liability.

Special Resolutions

Special resolutions are required to:

  • Make, amend or revoke the rules of the owners corporation
  • Provide a service to lot owners/occupiers or the public
  • Enter into agreements for the provision of services
  • Lease or license the whole or any party of the common property to a lot owner or other person
  • Obtain a lease/licence over any land
  • Bring legal proceedings (a special resolution is not required for an application to the Victorian Civil and Administrative Tribunal to enforce rules or to recover fees)
  • Levy special frees if the amount involved is more than twice the total amount of the current annual fees
  • Borrow any amount more than annual fees
  • Approve payment out of the maintenance fund
  • Make significant alterations to the use or appearance of the common property
  • Upgrade or renovate common property.

Notice of interim special resolutions

The notice should clearly state that the decision is an interim special resolution. It must include the secretary’s contact details and the deadline for submitting a petition.

Notice of interim ordinary resolutions

The notice should clearly state that the decision are interim resolutions and include the secretary’s contact details and a deadline for the submitting of a petition.

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