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.