We are trying to get a unanimous resolution passed on a round robin. We have given owners a deadline to reply. Once the deadline has passed and we have not received a response from some owners even though we can see that they have read the email can we take it as read and mark those owners as in approval of the resolution?

Short answer – NO NEVER!

Longer answer – lets look at the STSM Act

Section 1(1) of the STSM Act

Definitions

“unanimous resolution” means a resolution—

  • passed unanimously by all the members of the body corporate at a meeting at which—
  • at least 80% calculated both in value and in number, of the votes of all the members of a body corporate are present or represented; and
  • all the members who cast their votes do so in favour of the resolution; or
  • agreed to in writing by all the members of the body corporate.

So the first option is getting an unanimous resolution at a meeting – you have to have a special quorum and ALL those present AND voting must vote in favour of the resolution. 

The second option is an unanimous resolution on a round robin – agreed to in writing by ALL the members.  There is no option here for abstention.  There is nothing saying that if you don’t vote it is a vote in favour.  It says agreed to in writing by ALL owners.  So even though you can give owners a deadline to vote you have to continue trying to get responses until ALL owners agree or until one owner votes against the resolution.  If one owner votes against the resolution the resolution is not passed.

If unable to obtain a unanimous resolution you can approach CSOS for relief but that is a whole process on its own for another day.