The Trustees have opted to pass some special and unanimous resolutions on a Round Robin instead of at a meeting. One of the owners stated that this is only possible if ALL the owners waive their right to a meeting – what do we do now?
The definition of a special resolution in the STSM Act states the following:
Section 1(1)
“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;
So the definition allows for this resolution to be passed at a meeting or on a round robin basis. The percentage requirement just differs. It is in essence easier to pass a special resolution at a meeting.
The owner in this complex quoted the following portion of the STSM Act as proof that all owners must first waive their right to a meeting.
PMR 17
(9) The body corporate does not have to hold a special general meeting to consider a resolution if all members waive the right to the meeting and consent to the resolution in writing; provided that if two or more persons are jointly entitled to exercise a vote, all of them must waive the right to the meeting and consent to the resolution in writing.
This portion of the Act does however not state that the Trustees MUST hold the SGM or get a waiver from the owners if they want to do a Round Robin resolution. It is still their choice ito the definition of a special resolution.