We are having an AGM next week. Our Chairperson – who knows about these things – told me that I cannot vote at the AGM seeing that there is a CSOS order against me. Is this true?
The short answer is that it depends on what the CSOS order is about.
Let’s look at what the STSM Act states:
PMR 20
(2) Except for special and unanimous resolutions, a member is not entitled to vote if—
- a member fails or refuses to pay the body corporate any amount due by that member after a court or adjudicator has given a judgment or order for payment of that amount; or
- that member persists in the breach of any of the conduct rules of the scheme referred to in section 10(2)(b) of the Act after a court or an adjudicator has ordered that member to refrain from breaching such rule.
So basically only if the CSOS order pertains to arrear levies or breaching of the rules can you disqualify an owner from voting at a general meeting of the Body Corporate. And only for voting on ordinary resolutions. Anyone can vote on special or unanimous resolutions.