What is a Body Corporate Special Resolution?
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A body corporate special resolution is a formal voting requirement used in community titles schemes for decisions that are considered significant or high-impact.
These are not routine operational decisions. Instead, they relate to matters that affect ownership rights, common property, by-laws, or the financial position of the scheme.
In Queensland, special resolutions are governed under the Body Corporate and Community Management Act 1997 (Qld).
How a Special Resolution Works
Unlike an ordinary resolution, which only needs a simple majority, a special resolution is passed only if the vote meets three separate thresholds:
- At least two-thirds of all votes cast are in favour of the motion (vote YES).
- The number of votes against the motion is not more than 25% of the total number of lots in the scheme.
- The total contribution schedule lot entitlement of the votes against the motion is not
more than 25% of all contribution schedule lot entitlements in the scheme.
All three conditions must be met for the motion to pass. If any one condition is not satisfied, the motion fails.If an owner votes ‘Abstain’ they are not recording a vote at all on that motion. Abstentions are excluded from all three threshold calculations.
When a Body Corporate Special Resolution Is Required
Special resolutions are only required for decisions that are specifically listed in the Act and Regulations. The most common examples are:
- A motion not to audit the financial statements (in effect, a motion to skip the audit that would otherwise be required by default).
- Adding, changing, or removing by-laws (excluding exclusive use by-laws).
- Approving expensive improvements to common property over a certain value.
In Summary
Understanding how special resolutions work helps lot owners and committees make informed decisions and ensures outcomes are valid, transparent, and legally compliant.
Special Resolution FAQs
What is a body corporate special resolution?
It is a formal vote required for major body corporate decisions where at least 75% support is needed based on defined voting rules under Queensland legislation.
What needs a special resolution in a body corporate?
Common examples include changing by-laws, making major improvements to common property, or appointing a body corporate manager to replace the committee.
What happens if a special resolution fails?
If any of the three voting thresholds are not met, the motion is not passed and cannot take effect. It may be amended and re-submitted for future consideration.
Do abstained votes count in a special resolution?
No. Abstained votes are excluded from all calculations.
Why are there different voting requirements?
Queensland law uses multiple tests to ensure decisions are fair. This prevents outcomes that are unfairly influenced by either a small group of owners or disproportionate voting power.
Can a special resolution be passed at a general meeting?
Yes. Special resolutions are commonly decided at general meetings, provided the correct notice and voting procedures are followed.
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