If there are 100 units in the scheme and 82 people are present at the Body Corporate meeting and 26 voted and they all voted in favor of the unanimous resolution – is the resolution then passed?

When you have a general meeting at a BC you need a certain percentage of owners present to form a quorum for the meeting to start.


Either 33.33% or 66.66% (in PQ) depending on the no of units and if there is a unanimous resolution on the agenda you need 80% (in number and value)

This quorum must be maintained throughout the meeting

For instance when you get to the unanimous resolution on the agenda – you cannot even try to pass it if you don’t have the 80% quorum present (That is 80% in number and value)

So you must take into account people leaving the meeting during the meeting

Now the spanner in the works –

It is said that for a resolution to be passed – all those present and voting must pass the unanimous resolution

I was always under the impression that this means that 1 person can in fact pass a unanimous resolution

10 people at the meeting – 1 voted in favor of the unanimous resolution and 9 abstained so ALL those present and voting voted in favor of the resolution?  Correct?  Not correct!

The opinion I now received – shared by several people – is that the people abstaining no longer form part of the quorum – so it diminishes your quorum if people abstain from voting.

Therefore in my 10 people at the meeting scenario above we did not meet the 80% quorum requirement as 9 people abstained and no longer form part of the quorum – so the resolution was not passed.

With a special resolution and ordinary resolution, you therefore count the people present AND voting –

So ordinary resolution – you need the majority of the people present and voting – 10 people present and 5 voting so it must be the majority of the 5 not the majority of the 10

And special resolution – you need 75% in number and value of those present and voting – so 150 people present and 100 voting then 75 of those voting must vote in favor (just remember that this is simplified – the 75% must be reached in number and in value)