A Paddocks Sectional Title Lifestyle Blog
By Jennifer Paddock
A unanimous resolution is the type of agreement amongst sectional title owners that is required for very important decisions such as:
For more examples and for the levels of consent necessary for different body corporate decisions, click here.
A unanimous resolution can be passed in one of two ways – either in writing by ‘round robin’ procedure (ie. without a meeting) or at a general meeting of the body corporate. I’ve provided details below on how each method of passing a unanimous resolution can be achieved:
By round robin:
A unanimous resolution can be achieved without a meeting if all owners (100%) sign their acceptance of a proposed resolution. This is truly a unanimous resolution in that it is a resolution without dissent and every owner in the scheme has agreed to it.
At a general meeting:
*What do you mean in “number and value”?
Number = the number of sections in the scheme. So if there are 100 sections in the scheme, owners who collectively own 80 sections would need to be present or represented at the meeting to form a quorum.
Value = the value of each owner’s vote based on the participation quota (PQ) attached to the section(s) owned by that owner. The PQ schedule is found on the last page of the sectional plan. So in our example where there are 100 sections in the scheme, owners whose sections’ PQs add up to 80% of the total PQ would need to be present or represented at the meeting before a quorum would be present.
Written consent where proprietary rights are negatively affected
If a unanimous resolution negatively affects any owner’s proprietary rights (the term ‘proprietary rights’ is not defined in the Sectional Titles Act), that owner must agree in writing before the unanimous resolution is passed. But if the body corporate cannot achieve a unanimous resolution it can go to Court and ask for assistance.
I have also written a post on How to Pass Special Resolutions Properly if you are interested.
Have any questions or comments? Post them in the comments section below!
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