We have an owner who has a direct personal interest in a vote at the upcoming AGM - he is asking permission to extend his section and needs this approved by the AGM. Our chairperson who knows about these things, is saying that he therefore must be excluded from the voting on this item at the AGM. Is this correct?
The short answer is that this is not correct. He can vote at the AGM.
Quote from the STSM Act:
PMR 6
- A trustee who has any direct or indirect personal interest in any matter to be considered by the trustees must not be present at or play any part in the consideration or decision of the matter concerned.
There is however no such provision in the STSM Act for an owner at a General Meeting.
So the owner at the general meeting will be able to vote, but if it was a Trustee at a Trustee meeting he would not have been able to vote