In terms of the Act there are a number of instances where a unanimous resolution needs to be passed by the Body Corporate. There are two ways of obtaining a special resolution:
- By having a meeting
- At least 30 days written notice must be given of the meeting
- The notice must either be given by hand or sent by registered post
- The notice of the meeting must specify the resolution needed
- At the meeting a quorum of at least 80% of all owners must be present or represented
- 100% (in number (in terms of the number of units) and value (in terms of the participation quotas)) of the owners present or represented at the meeting must then approve the resolution in order for it to be passed
- Any owner that abstains from voting will be regarded as a vote in favour of the resolution
- Where the resolution adversely affects any owner he or she must give written approval for the resolution to be passed
- By passing a round robin resolution.
- In this regard all owners are approached to give their written approval of the resolution
- 100% (in number (in terms of the number of units) and value (in terms of the participation quotas)) of the owners must then approve the resolution in order for it to be passed
In terms of the Act all owners may vote for a unanimous resolution – regardless of the fact that they may be in arrears with their levies or in contravention with any of the rules.
If the Body Corporate is unable to obtain a unanimous resolution it may approach the Ombud for relief.