VOTING INSTRUCTIONS

IMPORTANT NOTICE - If you are unable to attend the meeting, it is imperative that you complete your voting paper and ensure it is submitted to our office prior to the meeting - or - complete your proxy form appointing as your proxy a named person who will attend on your behalf - Your voting papers or proxies must be separate from the ballot envelope, if applicable.

The method of casting votes and ballots is statutory, failure to follow the instructions will render your vote or ballot invalid. Please read the instructions on your very envelope carefully. 

1. Read all documentation carefully.
2. Please return all proxies/ voting papers to the Secretary c/- SSKB at least twenty-four (24) hours before the meeting.
3. Are all your body corporate contributions paid? If not you will jeopardise your voting rights.
4. If no vote is indicated an abstention will be recorded.

Joint Owners - one owner required to sign
Sole Owner - one signature required
Company Nominee - one signature of company nominee required
Proxy - any co-owners to sign

1. A "Voter" for a General Meeting of the Body Corporate is an individual -
   1. Whose name is entered on the Body Corporate's roll as:-
      1. the Owners of a lot *or
      2. the representative ** of the Owners of a lot; or
   2. the Nominee of a corporation the name of which is entered on the Body Corporate's roll as the Representative of Owner of a lot; or
   3. a corporate Owner Nominee; or
   4. a subsidiary scheme Representative
2. For subsection (1)(a)(ii) and (b), a person is the Representative of the Owner of a lot if the person is a Guardian, Trustee, Receiver or other Representative of the Owner of the lot, and is authorised to act on the Owner's behalf.
3. Voting rights are determined in accordance with the lot entitlement of each lot.
4. You or your Company Nominee may cast a vote either:-
   1. in person at the meeting, or
   2. by proxy delivered to the  Secretary no later than 24 hours prior to the meeting,
   3. in respect of some or all of the motions set out on the voting paper, by casting your vote on the voting paper.
5. A notice is enclosed for a corporate Owner to appoint a company nominee to vote on its behalf.
6. A person cannot vote on a motion requiring an ordinary resolution or a special resolution, or, in an election ballot, if a contribution, instalment or penalty due to the Body Corporate has not been paid.
7. A person has one (1) vote for each lot the person owns or represents.
8. Where there are two (2) or more Co-Owners of a lot, a vote by any one of the Co-Owners will be counted as the vote for the lot unless a contrary vote is cast by another Co-Owner in which case no vote will be counted for the lot.
9. USE OF PROXY - Please see reverse of proxy form.

* Please note:- It should be noted that "Owner" includes by definition a Mortgagee in possession of a lot. A Mortgagee in possession may displace the right of the Owner of the fee simple to vote (see Schedule 6 BCCMA)
** Please note:- Section 72(4) provides that no person can hold more proxies than 5% of the lots if the total number of lots is 20 or more and only one (1) proxy if there are fewer than 20 lots in the Scheme. STANDARD MODULE
10. An owner of two lots or more can submit their voting paper on the motions contained in this agenda on one voting paper provided that they ensure that they list each of the lots they own in this Body Corporate on the voting paper in the space provided. However this does not apply to a secret vote on a motion or a secret ballot for committee election were a separate secret voting paper or secret ballot paper must be completed for each individual lot and submitted separately in each envelope provided for the purpose. If these instructions are not followed your vote will be declared invalid.

To vote please tick the required box and sign on the botom of each page. Return the voting paper direct to the secretary c/-sskb by mail, fascimile or in person. Do not give it to another person to deliver as this will render the voting paper invalid.

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USE OF PROXY

1. A Body Corporate Member (Member A") who is the proxy for another Body Corporate Member ("Member B") may vote both in Member A's own right and also as proxy of Member B.
2. If at least one Co-Owner of a Lot is present at the meeting, a proxy given by another Co-Owner of the Lot is of no effect.
3. A vote by proxy must not be exercised at a general meeting-
   1. if the Member who gave the proxy is personally present at the meeting, unless the Member consents at the meeting; or
   2. On a particular motion, if the person who gave the proxy has exercised a written or electronic vote on the motion; or
   3. On a ballot for the election of a Member of the Committee, or for otherwise choosing a Member of the Committee; or
   4. For voting for a special resolution-
      1. Prohibiting, wholly or partly, the use of proxies at Committee meetings or General Meetings; or
      2. Consenting to the recording of a new Community Management Statement that identifies a different regulation module to apply to the scheme; or
   5. For voting for a majority resolution; or
   6. On a motion approving-
      1. The engagement of a person as the Body Corporate Manager (including a part 3, division 10 engagement) or a Service Contractor, or the authorisation of a person as a Letting Agent; or
      2. The amendment or termination of an engagement or authorisation mentioned in subparagraph (i); or
   7. On a motion decided by secret ballot; or
   8. If the Community Titles Scheme is the principal scheme in a layered arrangement of community titles schemes; or
   9. If the general meeting is called under section 25C; or
   10. in circumstances where this regulation requires a resolution, if passed, to have been passed with no votes being exercised by proxy.
4. A proxy may be exercised by-
   1. The proxy holder voting in a show of hands at a general meeting; or
   2. The proxy holder completing a written or electronic vote on a motion before the start of, or at, the general meeting.

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NOTICE INVITING NOMINATIONS

The following is to assist with your nomination. As per changes in the Body Corporate and Community Management Act.

1. A Lot Owner can only nominate one individual to be elected to the Committee, but that individual may be nominated to more than one position on the Committee, e.g. Secretary and Treasurer. You may as an Owner nominate yourself.
2. A Lot Owner who is a natural person can nominate an individual as a Candidate for the Committee provided that the individual is either a Lot Owner (and the Lot Owner may nominate himself or herself) or a Member of the Lot Owner's Family (See item13 below for the definition of a Member of the Lot Owner's Family), or the holder of a Power of Attorney from the Lot Owner.
3. A Lot Owner who is not a natural person, e.g. a corporation, can nominate an individual as a candidate for the Committee provided that the individual is either a Lot Owner, or the holder of a Power of Attorney from the corporation or if the individual is a corporate nominee for the corporation and in the case where the Lot Owner is a Member of a Subsidiary Scheme, then the representative of the Subsidiary Scheme may be nominated.
4. This form must be properly completed otherwise the nomination may be invalid.
5. Insert the full name of the Nominator(s) where provided.
6. Part A of the nomination form must be completed in all instances.
7. Part A must contain the surname and either the first given name or other name or abbreviation by which the candidate is generally known.
8. If the candidate is not a Lot Owner then Part B must be completed.
9. The Nominator(s) and the Candidate MUST SIGN the form where provided.
10. A Candidate will be notified by the Secretary in writing that they have been nominated.
11. A Lot Owner may not nominate a person for membership of the Committee if the Lot Owner owes a body corporate debt when the nomination is received by the Secretary.
12. A Lot Owner is not eligible to be a member of the Committee if the Lot Owner owes a body corporate debt when the members of the Committee are chosen.
13. Section 10(6) of the Standard Module Regulation and Section 11(6) of the Accommodation Module Regulation specify that "family" of a nominating entity who is an individual means the following persons
    1. The individual's spouse;
    2. Each of the children of the individual or the individual's spouse who is 18 years or more, including a step child or an adopted child;
    3. Each of the individual's parents, including a step parent;
    4. A brother or sister of the individual.
14. Should you wish to raise any matters, which will require a decision at the General Meeting, then you may submit a motion for inclusion on the agenda.
15. Any nominations that you wish to make and any motions that you wish to submit must be received by the Secretary by the end of the financial year of the body corporate.
16. Should you wish to receive expenses as a Committee Member you must submit a motion to this effect.
17. A person is not eligible to be a voting member of the Committee if the person is -

 

1. a Body Corporate Manager, Service Contractor or Letting Agent; or
2. an associate of a Body Corporate Manager, Service Contractor or Letting Agent (other than a Lot Owner who is the associate of a letting Agent merely because the Letting Agent, in conducting the Agent's letting agent business, acts for the Lot Owner); or
3. a person, other than a Letting Agent for the scheme, who conducts a letting agent business for the scheme.

Should nominations received prior to the closing date be insufficient to fill at least three Committee positions (including Chairperson, Secretary and Treasurer) those three positions may be filled from nominations received from the floor of the meeting.  The Legislation states that a Committee shall consist of a minimum of three (3) and a maximum of seven (7) Voting Members.  Please consider all information carefully before making a nomination of an individual for election as Chairperson, Secretary, Treasurer or Ordinary Member of the Committee.
 

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