Is the notice period for a round-robin special resolution also 30 days?
We have an Easy Guide to resolutions that is available on request from karienc@trafalgar.co.za that explains the different Body Corporate resolutions and how to obtain them.
We know from the STSM Act that it is possible to get a special resolution either at a meeting or on a round-robin basis (Agreed to in writing)
The definition in Section 1 of the STSM Act
“special resolution” means a resolution—
- passed by at least 75% calculated both in value and in number, of the votes of the members of a body corporate who are represented at a general meeting; or
- agreed to in writing by members of a body corporate holding at least 75% calculated both in value and in number, of all the votes;
The STSM Act states that should a meeting be called that has a special resolution on the agenda then 30 days’ notice should be given for this meeting.
There is however no time limit for a round robin special resolution.
If you obtain the required 75% in number and value within a couple of days then the resolution is passed. And equally so if you see within a couple of days that it will not be possible to obtain the required percentage of votes then you can announce that the resolution was not passed. You don’t always have to wait until all the owners have voted to determine if the resolution have been passed or not.
One should also not give owners a deadline saying that they only have 30 days to respond. You must continue to count the votes until you can clearly see that the resolution was passed or not passed.
One can also never tell owners that should they not respond it will be taken as a vote in favor. This is not allowed. Not voting is an abstention and that no longer counts as a vote in favor of the resolution per the STSM Act.