Guidelines for Special Resolution Meetings
Many Operators have recently adopted the Guidelines for Special Resolution Meetings issued by Focus RV, a noted Industry authority. Those Guidelines are very descriptive, but are perhaps unnecessarily complicated and certainly go beyond the requirements of the RVAct. For example, those procedures recommend that external agencies be involved in the Special Resolution voting process and also introduce unnecessary checks and balances which will inevitably lead to protracted and lengthy meetings.
However, the ARQRV accepts that there is often confusion as to how and when a Special Resolution Meeting is called, and the procedures to be followed at that meeting. Consequently, the following guidelines have been prepared in response to requests from Residents and Scheme Operators.
The sections of the RVAct listed below prescribe the requirement/entitlement for Special Resolution voting.
References: Retirement Villages Act 1999 (Qld)
- Section 90B Capital Improvements requested by Residents
- Section 106 (2) Increases above CPI may be approved by Residents
- Section 108 New service to be approved by Residents.
- Section 110 Increase in Insurance premium excesses.
- Section 127 (2)(b) Removal of a member of Residents’ Committee
- Section 130 (1) Residents may make, change or revoke By-laws.
- Section 133 (1) Change of Voting Entitlement.
Refer now to Schedule Dictionary – Definition of a Special Resolution and RVAct Section 133.
- Every Resident must receive written notice of the Resolution, proposed as a Special Resolution, at least 21 days before the meeting date.
- The text of the Resolution must be clearly stated on the notice.
- The resolution must be passed by at least 75% of the persons entitled to vote and who vote:
- personally; or
- by proxy at the meeting; or
- by postal vote; or
- by Power of Attorney.
- Any person, other than the Scheme Operator, may be appointed by signed notice to vote by proxy on behalf of a resident who is entitled to vote.
- A person may hold no more than two (2) proxy votes for the meeting.
- The scheme operator must provide a secure locked container for postal votes in the common area at least 24 hours before the time the meeting is to be held.
- The container must not be opened before it is delivered to the chairperson of the meeting.
- The Scheme Operator must deliver the container to the meeting chairperson immediately prior to the chairperson opening the meeting.