A resolution without dissent is the highest bar for a body corporate to pass. Unlike majority or special resolutions which require specific counting methods, a resolution without dissent is simple: a resolution without dissent will pass only if there are absolutely zero ‘NO’ votes. In a complex with 101 people, one hundred could vote ‘YES’, but if that one remaining lot owner votes ‘NO’, then the resolution fails.
Of course, there is then a separate question of whether that vote was reasonable and if not whether the decision can be challenged in order to make it pass. But, in general, a resolution without dissent requires absolutely no dissent. Votes to ‘ABSTAIN’, or a failure to vote at all, is not counted.
What requires a resolution without dissent? These resolutions are required for things that directly affect the rights of people in a body corporate. For example, the community management statement for a body corporate, and any allocations of exclusive use over common property, can only be changed without dissent.
This is important, because the community management statement is the founding document for the body corporate and regulates the rights of lot owners. If someone has exclusive use, then other lot owners cannot use the ‘tyranny of the majority’ to bully them into a decision to strip that away from them. That is why such decisions must be done without dissent – in other words, with consent. This is why one dissent causes such a resolution to fail.
This article is intended as general information only and should not be relied upon as legal advice. For specific legal advice please contact us here.
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