Sectional title corner – Here’s when owners in arrears may vote
Hi, we have a special general meeting (SGM) coming up next week. Are owners who are in arrears on their levy accounts allowed to vote? – Moira
Hi Moira, according to PMR 20(2)
Except for special and unanimous resolutions, a member is not entitled to vote if –
(a) a member fails or refuses to pay the body corporate any amount due by that member after a court or adjudicator has given a judgment or order for payment of that amount; or
(b) that member persists in the breach of any of the conduct rules of the scheme referred to in section 10(2)(b) of the Act after a court or an adjudicator has ordered that member to refrain from breaching such rule.
It is not the type of meeting that determines this, but rather the type of resolutions passed at the meeting. All meetings that are not the AGM are called SGMs. It is possible to have an SGM and not pass any special or unanimous resolutions at the meeting. It is also possible to have an AGM and pass special and or unanimous resolutions there.
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Who is Karien Coetzee?
Karien Coetzee is the national property management consultant at property management company, Trafalgar. She holds qualifications in sectional title schemes management and homeowners association management.