No. Passing a Special Resolution is framed in the legislation the other way around. That is, not as “75% in favour”, but as “not more than 25% against”. It’s a two stage process. First, the Special Resolution needs to “pass”, that is, a majority must vote in favour (and there’s two major different ways of calculating this). Secondly, not more than 25% can vote against the motion.

For the specifics see the definition of “Special Resolution” in s 5 of the Act.

So you don’t need 75% in favour, you just need to make sure it passes and not more than 25% vote against it.

The two different ways of calculation is a ‘show of hands’, and the other is a poll vote.

At a General Meeting a lot owners vote counts in the proportion of their unit entitlement if a poll vote is called. If a poll vote isn’t called it’s on a show of hands.

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