The power of one – voting at a general meeting

A man pointing to a card that says vote

Share this post

Category: Legal and Advisory

The power of one – voting at a general meeting

Can a one-man band orchestrate a special resolution?

Can one member voting in favour of a resolution at a General Meeting of a body corporate be enough for a special resolution? Never underestimate the power of one.

I recently received minutes of a Special General Meeting attended by eleven members. Six of the owners voted in favour of a special resolution and the minutes declared it sufficient. My first instinct was that six owners out of a total of 11 are certainly not 75%! Certainly, you need 75% of the owners attending to vote in favour.

Fortunately, I looked at the definition of a special resolution before commenting. The relevant wording in the Sectional Title Schemes Management Act reads as follows: “… passed by at least 75% in value and in number, of the votes of members who are represented at a general meeting;

In this case, six members voted in favour of the resolution and the other five abstained. No member voted against the resolution.

An abstention is not a vote. It is a decision not to exercise the right to vote. Accordingly, 100% of the members who voted, voted in favour of the resolution and the special resolution carried.

Can one member voting in favour of a special resolution be sufficient?

Yes, if all other members attending the meeting abstain!

Click here for another helpful blog on special resolution quorum and voting.

Dr Gerhard Jooste

DR GERHARD JOOSTE

Independent Consultant