Resolution Types
Ordinary Resolution, Special Resolution, Resolution without Dissent & Unanimous Resolution
Summary
Usually, the Strata Company's day-to-day matters do not require a formal decision. They can be managed by the elected Strata Council. However, certain matters require a formal vote to be put to the Strata Company (all owners) via specific resolutions.
Section 123 of the Act provides the four main types of resolutions and the requirements for them to be cast, counted, and passed. We have summarised them below for you.
Ordinary Resolution
Who can vote?
Just owners who are financial
What items of business require this vote?
Budget and levy contributions
Approving sustainability infrastructure on common property - e.g. solar panels on the roof
Most other ordinary items of business on a standard AGM notice
Refer to our article about expending funds expending funds
What is the requirement for the vote to pass?
Simple majority: 51% owners in favour. Votes cast at the meeting only
Special Resolution
Who can vote?
Just owners who are financial
What items of business require this vote?
Adding, amending or repealing scheme conduct by-laws
What is the requirement for the vote to pass?
There must be at least 50% of votes cast in favour with not more than 25% of votes cast against. Votes can be at the meeting or in the 28 days following the meeting
Resolution without Dissent
Who can vote?
All owners, including those who are unfinancial
What items of business require this vote?
adding, amending or repealing scheme governance by-laws
What is the requirement for the vote to pass?
No minimum numbers of votes have to be cast, but all votes received must be in favour. A single vote against the motion either at the meeting or in the 28 days following, will see the motion fail
Unanimous Resolution
Who can vote?
All owners, including those who are unfinancial
What items of business require this vote?
Scheme Termination - e.g. sale of land to developer
Converting a Strata title scheme to a Survey-Strata title scheme
What is the requirement for the vote to pass?
100% of the owners cast a yes vote, either at the meeting or in the 28 days following the meeting