I've heard you need to get 75% to pass a Special Resolution at a General Meeting of a Body Corporate for a Strata Plan, is that correct?

I’ve heard you need to get 75% to pass a Special Resolution at a General Meeting of a Body Corporate for a Strata Plan, is that correct?

"Meeting of the Estates General" by Isidore-Stanislaus Helman (1743-1806) and Charles Monnet (1732-1808) - Bibliothèque nationale de France. Licensed under Public Domain via Wikimedia

The guillotine is not a recommended method of breaking the deadlock in General Meetings: “Meeting of the Estates General” by Isidore-Stanislaus Helman (1743-1806) and Charles Monnet (1732-1808) – Bibliothèque nationale de France. Licensed under Public Domain via Wikimedia

No. Passing a Special Resolution is framed in the legislation the other way around. That is, not as a 75% in favour, but as a 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.

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