Provisions applicable to such Owners’ meeting. The following provisions shall apply to a meeting convened as provided in Clause 9.1 hereof:- (a) The person convening such meeting of the Owners shall, at least 14 days before the date of the meeting, give notice of the meeting to each Owner. Such notice of meeting shall specify: (i) the date, time and place of the meeting; and (ii) the resolutions (if any) that are to be proposed at the meeting. (b) The notice of meeting referred to in Clause 9.2(a) shall be posted on the public notice boards of or a prominent place in the Building and if possible, may be given:- (i) by delivering it personally to the Owner; (ii) by sending it by post to the Owner at his last known address; or (iii) by leaving at the Owner’s Unit or depositing it in the letter box for that Unit. (c) No business shall be transacted at any meeting unless a quorum is present when the meeting proceeds to business and Owners present in person or by proxy who in the aggregate have vested in them not less than seventy-five per cent (75%) of the total number of Undivided Shares of the part of the Building (excluding the Undivided Shares allocated to the Common Areas and Facilities) so affected in question shall be a quorum. (d) If within half an hour from the time appointed for the meeting a quorum is not present the meeting shall stand adjourned to the same time and day in the next week at the same place, and if at such adjourned meeting a quorum be not present the Owners present shall be deemed to constitute a quorum. (e) The Chairman of the Owners’ Committee or, if the meeting is convened under Clause 9.1(b) or (c), the person convening such meeting shall be the chairman of the meeting. (f) The chairman shall cause a record to be kept of the persons present at the meeting and notes of the proceedings thereof. (g) At such meeting of the Owners:- (i) an Owner shall have one vote in respect of each Undivided Share or (as the case may be) the part thereof so affected he owns; (ii) an Owner may cast a vote personally or by proxy; (iii) where 2 or more persons are the co-Owners of an Undivided Share or (as the case may be) the part thereof so affected, the vote in respect that Undivided Share or (as the case may be) the part thereof so affected may be cast:- (1) by a proxy jointly appointed by the co-Owners; (2) by a person appointed by the co-Owners from among themselves; or (3) if no appointment is made under sub-paragraph (1) or (2), either by one of the co-Owners personally or by a proxy appointed by one of the co-Owners. (iv) where 2 or more persons are the co-Owners of an Undivided Share or (as the case may be) the part thereof so affected, and more than one of the co-Owners seeks to cast a vote in respect of the Undivided Share, only the vote that is cast, whether personally or by proxy, by the co-Owner whose name, in order of priority, stands highest in relation to that Undivided Share in the register kept at the Land Register shall be treated as valid; and (v) if there is an equality of votes, the person presiding over the meeting shall have, in addition to a deliberative vote, a casting vote. (i) An instrument appointing a proxy shall be in the form set out in Form 1 in Schedule 1A to the BMO, and (1) shall be signed by the Owner; or (2) if the Owner is a body corporate, shall notwithstanding anything to the contrary in its constitution, be impressed with the seal or chop of the body corporate and signed by a person authorised by the body corporate in that behalf. (ii) The instrument appointing a proxy shall be lodged with the chairman of the Owners’ Committee or, if the meeting is convened under Clause 9.1(b) or (c), the person convening the meeting at least 48 hours before the time for the holding of the meeting. (iii) A proxy appointed by an Owner to attend and vote on behalf of the Owner shall, for the purposes of the meeting, be treated as being the Owner present at that meeting. (i) A resolution passed at a duly convened meeting by a seventy-five per cent (75%) majority of votes of such Owners present in person or by proxy and voting in proportion to the number of Undivided Shares in the relevant part of the Building so affected in question (excluding the Undivided Shares allocated to the Common Areas and Facilities) held at such meeting shall be binding on all the Owners of the Building or (as the case may be) the relevant part of the Building PROVIDED THAT:- (i) the notice convening the meeting shall specify the intention to propose a resolution concerning such matter; (ii) any resolution purported to be passed at any such meeting concerning any other matter shall not be valid; (iii) no resolution shall be valid if it is contrary to the provisions of this Deed. (j) A resolution in writing signed by Owners who in the aggregate have vested in them for the time being not less than seventy-five per cent (75%) of the Undivided Shares allocated to the part of the Building so affected in question (excluding the Undivided Shares allocated to the Common Areas and Facilities) shall be as valid and effectual as if it had been passed at a duly convened meeting of such Owners. (k) The accidental omission to give notice as aforesaid to any Owner shall not invalidate the meeting or any resolution passed thereat. SECTION X
Appears in 3 contracts
Samples: Deed of Mutual Covenant and Management Agreement, Deed of Mutual Covenant and Management Agreement, Deed of Mutual Covenant and Management Agreement
Provisions applicable to such Owners’ meeting. The following provisions shall apply to a meeting convened as provided in Clause 9.1 hereof:-hereof :-
(a) The person convening such meeting of the Owners shall, at least 14 days before the date of the meeting, give notice of the meeting to each Owner. Such notice of meeting shall specifyspecify :-
(i) the date, time and place of the meeting; and
(ii) the resolutions (if any) that are to be proposed at the meeting.
(b) The notice of meeting referred to in Clause 9.2(a) above shall be posted served on the public notice boards of or a prominent place in the Building and if possible, may be given:-relevant Owner:-
(i) by delivering it personally to the Owner;; or
(ii) by sending it by post to the Owner at his last known address; or
(iii) by leaving at the Owner’s Unit or depositing it in the letter box for that Unit.
(c) No business shall be transacted at any meeting of the Owners of the damages part(s) of the Development unless a quorum is present when the meeting proceeds to business and Owners present in person or by proxy who in the aggregate have vested in them not less than seventy-five per cent (75%) of the total number of Undivided Shares allocated to the damaged part(s) of the part of the Building Development (excluding the Undivided Shares allocated to the Common Areas and Facilities) so affected in question shall be a quorum.
(d) If within half an hour from the time appointed for the A meeting a quorum is not present the meeting shall stand adjourned to the same time and day in the next week at the same place, and if at such adjourned meeting a quorum be not present of the Owners present of the damages part(s) of the Development shall be deemed to constitute a quorum.
(e) The Chairman presided over by the chairman of the Owners’ Committee or, if the meeting is convened under Clause 9.1(b) or (c)above, the person Manager or, if the meeting is convened under Clause 9.1(c) above, an Owner appointed by the Owners convening such meeting shall be the chairman of the meeting.
(fe) The chairman shall cause a record to be kept of the persons present at the meeting and notes of the proceedings thereof.
(gf) At such meeting of the Owners:-Owners of the damaged part(s) of the Development:-
(i) an Owner shall have one vote in respect of each Undivided Share or (as the case may be) the part thereof so affected he owns;
(ii) an Owner may cast a vote personally or by proxy;
(iii) where 2 or more persons are the co-Owners of an Undivided Share or (as the case may be) the part thereof so affectedShare, the vote in respect of that Undivided Share or (as the case may be) the part thereof so affected may be cast:-cast :-
(1) by a proxy jointly appointed by the co-Owners;
(2) by a person appointed by the co-Owners from among themselves; or
(3) if no appointment is made under sub-paragraph (1Clause 9.2(f)(iii)(1) or (2)) above, either by one of the co-Owners personally or by a proxy appointed by one of the co-Owners.; and
(iv) where 2 or more persons are the co-Owners of an Undivided Share or (as the case may be) the part thereof so affectedShare, and more than one of the co-Owners seeks to cast a vote in respect of the Undivided Share, only the vote that is cast, whether personally or by proxy, by the co-Owner whose name, in order of priority, stands highest in relation to that Undivided Share in the register kept at the Land Register Registry shall be treated as valid; and
(v) if there is an equality of votes, the person presiding over the meeting shall have, in addition to a deliberative vote, a casting vote.
(i) An instrument appointing a proxy shall be in the form set out in Form 1 in Schedule 1A to the BMO, and
(1) shall be signed by the Owner; or
(2) if the Owner is a body corporate, shall notwithstanding anything to the contrary in its constitution, be impressed with the seal or chop of the body corporate and signed by a person authorised by the body corporate in that behalf.
(ii) The instrument appointing a proxy shall be lodged with the chairman of the Owners’ Committee or, if the meeting is convened under Clause 9.1(b) or (c), the person convening the meeting at least 48 hours before the time for the holding of the meeting.
(iii) A proxy appointed by an Owner to attend and vote on behalf of the Owner shall, for the purposes of the meeting, be treated as being the Owner present at that meeting.
(ih) A resolution passed at a duly convened meeting by a seventy-five per cent (75%) majority of votes of such those Owners present in person or by proxy and voting in proportion to the number of Undivided Shares in the relevant part of the Building so affected in question (excluding the Undivided Shares allocated to the Common Areas and Facilities) held at such meeting shall be binding on all the Owners of the Building or (as the case may berelevant damaged part(s) the relevant part of the Building Development PROVIDED THAT:-as follows :-
(i) the notice convening the meeting shall specify the intention to propose a resolution concerning such matter;
(ii) any resolution purported to be passed at any such meeting concerning any other matter shall not be valid;
(iii) no resolution shall be valid if it is contrary to the provisions of this Deed.
(j) A resolution in writing signed by Owners who in the aggregate have vested in them for the time being not less than seventy-five per cent (75%) of the Undivided Shares allocated to the part of the Building so affected in question (excluding the Undivided Shares allocated to the Common Areas and Facilities) shall be as valid and effectual as if it had been passed at a duly convened meeting of such Owners.
(ki) The accidental omission to give notice as aforesaid to any Owner of the damaged part(s) of the Development shall not invalidate the meeting or any resolution passed thereat. SECTION X.
Appears in 2 contracts
Samples: Deed of Mutual Covenant and Management Agreement, Deed of Mutual Covenant and Management Agreement
Provisions applicable to such Owners’ meeting. The following provisions shall apply to a meeting convened as provided in Clause 9.1 hereof:-
(a) The person convening such meeting of the Owners shall, at least 14 days before the date of the meeting, give notice of the meeting to each Owner. Such notice of meeting shall specify:
(i) the date, time and place of the meeting; and
(ii) the resolutions (if any) that are to be proposed at the meeting.
(b) The notice of meeting referred to in Clause 9.2(a) shall be posted on the public notice boards of or a prominent place in the Building and if possible, may be given:-
(i) by delivering it personally to the Owner;
(ii) by sending it by post to the Owner at his last known address; or
(iii) by leaving at the Owner’s Unit or depositing it in the letter box for that Unit.
(c) No business shall be transacted at any meeting unless a quorum is present when the meeting proceeds to business and Owners present in person or by proxy who in the aggregate have vested in them not less than seventy-five per cent (75%) of the total number of Undivided Shares of the part of the Building (excluding the Undivided Shares allocated to the Common Areas and Facilities) so affected in question shall be a quorum.
(d) If within half an hour from the time appointed for the meeting a quorum is not present the meeting shall stand adjourned to the same time and day in the next week at the same place, and if at such adjourned meeting a quorum be not present the Owners present shall be deemed to constitute a quorum.
(e) The Chairman of the Owners’ Committee or, if the meeting is convened under Clause 9.1(b) or (c), the person convening such meeting shall be the chairman of the meeting.
(f) The chairman shall cause a record to be kept of the persons present at the meeting and notes of the proceedings thereof.
(g) At such meeting of the Owners:-
(i) an Owner shall have one vote in respect of each Undivided Share or (as the case may be) the part thereof so affected he owns;
(ii) an Owner may cast a vote personally or by proxy;
(iii) where 2 or more persons are the co-Owners of an Undivided Share or (as the case may be) the part thereof so affected, the vote in respect that Undivided Share or (as the case may be) the part thereof so affected may be cast:-
(1) by a proxy jointly appointed by the co-Owners;
(2) by a person appointed by the co-Owners from among themselves; or
(3) if no appointment is made under sub-paragraph (1) or (2), either by one of the co-Owners personally or by a proxy appointed by one of the co-Owners.
(iv) where 2 or more persons are the co-Owners of an Undivided Share or (as the case may be) the part thereof so affected, and more than one of the co-Owners seeks to cast a vote in respect of the Undivided Share, only the vote that is cast, whether personally or by proxy, by the co-Owner whose name, in order of priority, stands highest in relation to that Undivided Share in the register kept at the Land Register shall be treated as valid; and
(v) if there is an equality of votes, the person presiding over the meeting shall have, in addition to a deliberative vote, a casting vote.
(i) An instrument appointing a proxy shall be in the form set out in Form 1 in Schedule 1A to the BMO, and
(1) shall be signed by the Owner; or
(2) if the Owner is a body corporate, shall notwithstanding anything to the contrary in its constitution, be impressed with the seal or chop of the body corporate and signed by a person authorised by the body corporate in that behalf.
(ii) The instrument appointing a proxy shall be lodged with the chairman of the Owners’ Committee or, if the meeting is convened under Clause 9.1(b) or (c), the person convening the meeting at least 48 hours before the time for the holding of the meeting.
(iii) A proxy appointed by an Owner to attend and vote on behalf of the Owner shall, for the purposes of the meeting, be treated as being the Owner present at that meeting.
(i) A resolution passed at a duly convened meeting by a seventy-five per cent (75%) majority of votes of such Owners present in person or by proxy and voting in proportion to the number of Undivided Shares in the relevant part of the Building so affected in question (excluding the Undivided Shares allocated to the Common Areas and Facilities) held at such meeting shall be binding on all the Owners of the Building or (as the case may be) the relevant part of the Building PROVIDED THAT:-
(i) the notice convening the meeting shall specify the intention to propose a resolution concerning such matter;
(ii) any resolution purported to be passed at any such meeting concerning any other matter shall not be valid;
(iii) no resolution shall be valid if it is contrary to the provisions of this Deed.
(j) A resolution in writing signed by Owners who in the aggregate have vested in them for the time being not less than seventy-five per cent (75%) of the Undivided Shares allocated to the part of the Building so affected in question (excluding the Undivided Shares allocated to the Common Areas and Facilities) shall be as valid and effectual as if it had been passed at a duly convened meeting of such Owners.
(k) The accidental omission to give notice as aforesaid to any Owner shall not invalidate the meeting or any resolution passed thereat. SECTION XX MISCELLANEOUS PROVISIONS
Appears in 2 contracts
Samples: Deed of Mutual Covenant and Management Agreement, Deed of Mutual Covenant and Management Agreement
Provisions applicable to such Owners’ meeting. The following provisions shall apply to a meeting convened as provided in Clause 9.1 hereof:-hereof :-
(a) The person convening such meeting of the Owners shall, at least 14 days before the date of the meeting, give notice of the meeting to each Owner. Such notice of meeting shall specifyspecify :-
(i) the date, time and place of the meeting; and
(ii) the resolutions (if any) that are to be proposed at the meeting.
(b) The notice of meeting referred to in Clause 9.2(a) shall be posted on the public notice boards of or a prominent place in the Building Development and if possible, may be given:-given :-
(i) by delivering it personally to the Owner;
(ii) by sending it by post to the Owner at his last known address; or
(iii) by leaving it at the Owner’s 's Unit or depositing it in the letter box for that Unit.
(c) No business shall be transacted at any meeting unless a quorum is present when the meeting proceeds to business and Owners present in person or by proxy who in the aggregate have vested in them not less than seventy-five per cent (75%) of the total number of Undivided Shares of the part of the Building Development (excluding the Undivided Shares allocated to the Common Areas and Facilities) so affected in question shall be a quorum.
(d) If within half an hour from the time appointed for the meeting a quorum is not present the meeting shall stand adjourned to the same time and day in the next week at the same place, and if at such adjourned meeting a quorum be not present the Owners present shall be deemed to constitute a quorum.
(e) The Chairman of the Owners’ ' Committee or, if the meeting is convened under Clause 9.1(b) by the Manager or (c)an Owner, the person convening such meeting shall be the chairman of the meeting.
(f) The chairman shall cause a record to be kept of the persons present at the meeting and notes of the proceedings thereof.
(g) At such meeting of the Owners:-Owners :-
(i) an Owner shall have one vote in respect of each Undivided Share or (as the case may be) the part thereof so affected he owns;
(ii) an Owner may cast a vote personally or by proxy;
(iii) where 2 or more persons are the co-Owners of an Undivided Share or (as the case may be) the part thereof so affected, the vote in respect of that Undivided Share or (as the case may be) the part thereof so affected may be cast:-cast :-
(1) by a proxy jointly appointed by the co-Owners;
(2) by a person appointed by the co-Owners from among themselves; or
(3) if no appointment is made under sub-paragraph (1Clause 9.2(g)(iii)(1) or (2), either by one of the co-Owners personally or by a proxy appointed by one of the co-Owners.
(iv) where 2 or more persons are the co-Owners of an Undivided Share or (as the case may be) the part thereof so affected, and more than one of the co-Owners seeks to cast a vote in respect of the Undivided ShareShare or (as the case may be) the part thereof so affected, only the vote that is cast, whether personally or by proxy, by the co-Owner whose name, in order of priority, stands highest in relation to that Undivided Share or (as the case may be) the part thereof so affected in the register kept at the Land Register Registry shall be treated as valid; and
(v) if there is an equality of votes, the person presiding over the meeting shall have, in addition to a deliberative vote, a casting vote.
(i) An instrument appointing a proxy shall be in the form set out in Form 1 in Schedule 1A to the BMO, and
(1) shall be signed by the Owner; or
(2) if the Owner is a body corporate, shall notwithstanding anything to the contrary in its constitution, be impressed with the seal or chop of the body corporate and signed by a person authorised by the body corporate in that behalf.
(ii) The instrument appointing a proxy shall be lodged with the chairman of the Owners’ ' Committee or, if the meeting is convened under Clause 9.1(b) by the Manager or (c)an Owner, the person convening the meeting at least 48 hours before the time for the holding of the meeting.
(iii) A proxy appointed by an Owner to attend and vote on behalf of the Owner shall, for the purposes of the meeting, be treated as being the Owner present at that meeting.
(i) A resolution passed at a duly convened meeting by a seventy-five per cent (75%) majority of votes of such Owners present in person or by proxy and voting in proportion to the number of Undivided Shares in the relevant part of the Building Development so affected in question (excluding the Undivided Shares allocated to the Common Areas and Facilities) held at such meeting shall be binding on all the Owners of the Building Development or (as the case may be) the relevant part of the Building Development PROVIDED THAT:-as follows :-
(i) the notice convening the meeting shall specify the intention to propose a resolution concerning such matter;
(ii) any resolution purported to be passed at any such meeting concerning any other matter shall not be valid;
(iii) no resolution shall be valid if it is contrary to the provisions of this Deed.
(j) A resolution in writing signed by Owners who in the aggregate have vested in them for the time being not less than seventy-five per cent (75%) of the Undivided Shares allocated to the part of the Building Development so affected in question (excluding the Undivided Shares allocated to the Common Areas and Facilities) shall be as valid and effectual as if it had been passed at a duly convened meeting of such Owners.
(k) The accidental omission to give notice as aforesaid to any Owner shall not invalidate the meeting or any resolution passed thereat. SECTION X.
Appears in 2 contracts
Samples: Deed of Mutual Covenant and Management Agreement, Deed of Mutual Covenant and Management Agreement
Provisions applicable to such Owners’ meeting. The following provisions shall apply to a meeting convened as provided in Clause 9.1 hereof:-
(a) The person convening such meeting of the Owners shall, at least 14 days before the date of the meeting, give notice of the meeting to each Owner. Such notice of meeting shall specify:
(i) the date, time and place of the meeting; and
(ii) the resolutions (if any) that are to be proposed at the meeting.
(b) The notice of meeting referred to in Clause 9.2(a) shall be posted on the public notice boards of or a prominent place in the Building and if possible, may be given:-
(i) by delivering it personally to the Owner;
(ii) by sending it by post to the Owner at his last known address; or
(iii) by leaving at the Owner’s Unit or depositing it in the letter box for that Unit.
(c) No business shall be transacted at any meeting unless a quorum is present when the meeting proceeds to business and Owners present in person or by proxy who in the aggregate have vested in them not less than seventy-five per cent (75%) of the total number of Undivided Shares of the part of the Building (excluding the Undivided Shares allocated to the Common Areas and Facilities) so affected in question shall be a quorum.
(d) If within half an hour from the time appointed for the meeting a quorum is not present the meeting shall stand adjourned to the same time and day in the next week at the same place, and if at such adjourned meeting a quorum be not present the Owners present shall be deemed to constitute a quorum.
(e) The Chairman of the Owners’ Committee or, if the meeting is convened under Clause 9.1(b) or (c), the person convening such meeting shall be the chairman of the meeting.
(f) The chairman shall cause a record to be kept of the persons present at the meeting and notes of the proceedings thereof.
(g) At such meeting of the Owners:-
(i) an Owner shall have one vote in respect of each Undivided Share or (as the case may be) the part thereof so affected he owns;
(ii) an Owner may cast a vote personally or by proxy;
(iii) where 2 or more persons are the co-Owners of an Undivided Share or (as the case may be) the part thereof so affected, the vote in respect that Undivided Share or (as the case may be) the part thereof so affected may be cast:-
(1) by a proxy jointly appointed by the co-Owners;
(2) by a person appointed by the co-Owners from among themselves; or
(3) if no appointment is made under sub-paragraph (1) or (2), either by one of the co-Owners personally or by a proxy appointed by one of the co-Owners.
(iv) where 2 or more persons are the co-Owners of an Undivided Share or (as the case may be) the part thereof so affected, and more than one of the co-Owners seeks to cast a vote in respect of the Undivided Share, only the vote that is cast, whether personally or by proxy, by the co-Owner whose name, in order of priority, stands highest in relation to that Undivided Share in the register kept at the Land Register shall be treated as valid; and
(v) if there is an equality of votes, the person presiding over the meeting shall have, in addition to a deliberative vote, a casting vote.
(i) An instrument appointing a proxy shall be in the form set out in Form 1 in Schedule 1A to the BMO, and
(1) shall be signed by the Owner; or
(2) if the Owner is a body corporate, shall notwithstanding anything to the contrary in its constitution, be impressed with the seal or chop of the body corporate and signed by a person authorised by the body corporate in that behalf.
(ii) The instrument appointing a proxy shall be lodged with the chairman of the Owners’ Committee or, if the meeting is convened under Clause 9.1(b) or (c), the person convening the meeting at least 48 hours before the time for the holding of the meeting.
(iii) A proxy appointed by an Owner to attend and vote on behalf of the Owner shall, for the purposes of the meeting, be treated as being the Owner present at that meeting.
(i) A resolution passed at a duly convened meeting by a seventy-five per cent (75%) majority of votes of such Owners present in person or by proxy and voting in proportion to the number of Undivided Shares in the relevant part of the Building so affected in question (excluding the Undivided Shares allocated to the Common Areas and Facilities) held at such meeting shall be binding on all the Owners of the Building or (as the case may be) the relevant part of the Building PROVIDED THAT:-
(i) the notice convening the meeting shall specify the intention to propose a resolution concerning such matter;
(ii) any resolution purported to be passed at any such meeting concerning any other matter shall not be valid;
(iii) no resolution shall be valid if it is contrary to the provisions of this Deed.
(j) A resolution in writing signed by Owners who in the aggregate have vested in them for the time being not less than seventy-five per cent (75%) of the Undivided Shares allocated to the part of the Building so affected in question (excluding the Undivided Shares allocated to the Common Areas and Facilities) shall be as valid and effectual as if it had been passed at a duly convened meeting of such Owners.
(k) The accidental omission to give notice as aforesaid to any Owner shall not invalidate the meeting or any resolution passed thereat. SECTION X.
Appears in 1 contract
Provisions applicable to such Owners’ meeting. The following provisions shall apply to a meeting convened as provided in Clause 9.1 hereof:-hereof :-
(a) The person convening such meeting of the Owners shall, at least 14 fourteen (14) days before the date of the meeting, give notice of the meeting to each Owner. Such notice of meeting shall specifyspecify :-
(i) the date, time and place of the meeting; and
(ii) the resolutions (if any) that are to be proposed at the meeting.
(b) The notice of meeting referred to in Clause 9.2(a) shall be posted on the public notice boards of or a prominent place in the Building and if possible, may be given:-given :-
(i) by delivering it personally to the Owner;
(ii) by sending it by post to the Owner at his last known address; or
(iii) by leaving at the Owner’s 's Unit or depositing it in the letter box for that Unit.
(c) No business shall be transacted at any meeting unless a quorum is present when the meeting proceeds to business and Owners present in person or by proxy who in the aggregate have vested in them not less than seventy-five per cent (75%) of the total number of Undivided Shares of the part of the Building (excluding the Undivided Shares allocated to the Common Areas and Facilities) so affected in question shall be a quorum.
(d) If within half an hour from the time appointed for the meeting a quorum is not present the meeting shall stand adjourned to the same time and day in the next week at the same place, and if at such adjourned meeting a quorum be not present the Owners present shall be deemed to constitute a quorum.
(e) The Chairman of the Owners’ ' Committee or, if the meeting is convened otherwise than by the Owners' Committee under Clause 9.1(b) or (c)9.1, the person convening such meeting shall be the chairman of the meeting.
(f) The chairman shall cause a record to be kept of the persons present at the meeting and notes of the proceedings thereof.
(g) At such meeting of the Owners:-Owners :-
(i) an Owner shall have one vote in respect of each Undivided Share or (as the case may be) the part thereof so affected he owns;
(ii) an Owner may cast a vote personally or by proxy;
(iii) where 2 two (2) or more persons are the co-Owners of an Undivided Share or (as the case may be) the part thereof so affected, the vote in respect that Undivided Share or (as the case may be) the part thereof so affected may be cast:-cast :-
(1) by a proxy jointly appointed by the co-Owners;
(2) by a person appointed by the co-Owners from among themselves; or
(3) if no appointment is made under this sub-paragraph sub-clause (1) or (2), either by one of the co-Owners personally or by a proxy appointed by one of the co-Owners.
(iv) where 2 two (2) or more persons are the co-Owners of an Undivided Share or (as the case may be) the part thereof so affected, and more than one of the co-Owners seeks to cast a vote in respect of the Undivided Share, only the vote that is cast, whether personally or by proxy, by the co-Owner whose name, in order of priority, stands highest in relation to that Undivided Share in the register kept at the Land Register Registry shall be treated as valid; and
(v) if there is an equality of votes, the person presiding over the meeting shall have, in addition to a deliberative vote, a casting vote.
(i) An instrument appointing a proxy shall be in the form set out in Form 1 in Schedule 1A to the BMO, and
(1) shall be signed by the Owner; or
(2) if the Owner is a body corporate, shall notwithstanding anything to the contrary in its constitution, be impressed with the seal or chop of the body corporate and signed by a person authorised by the body corporate in that behalf.
(ii) The instrument appointing a proxy shall be lodged with the chairman of the Owners’ ' Committee or, if the meeting is convened under Clause 9.1(bby the Manager or by an Owner appointed by those Owners who in aggregate have vested in them for the time being not less than seventy-five per cent (75%) or of the total number of Undivided Shares of the part of the Building (c)excluding the Undivided Shares allocated to the Common Areas and Facilities) so affected, the person convening the meeting at least 48 hours before the time for the holding of the meeting.
(iii) A proxy appointed by an Owner to attend and vote on behalf of the Owner shall, for the purposes of the meeting, be treated as being the Owner present at that meeting.
(i) A resolution passed at a duly convened meeting by a seventy-five per cent (75%) majority of votes of such Owners present in person or by proxy and voting in proportion to the number of Undivided Shares in the relevant part of the Building so affected in question (excluding the Undivided Shares allocated to the Common Areas and Facilities) held at such meeting shall be binding on all the Owners of the Building or (as the case may be) the relevant part of the Building PROVIDED THAT:-as follows :-
(i) the notice convening the meeting shall specify the intention to propose a resolution concerning such matter;
(ii) any resolution purported to be passed at any such meeting concerning any other matter shall not be valid;
(iii) no resolution shall be valid if it is contrary to the provisions of this Deed.
(j) A resolution in writing signed by Owners who in the aggregate have vested in them for the time being not less than seventy-five per cent (75%) of the Undivided Shares allocated to the part of the Building so affected in question (excluding the Undivided Shares allocated to the Common Areas and Facilities) shall be as valid and effectual as if it had been passed at a duly convened meeting of such Owners.
(k) The accidental omission to give notice as aforesaid to any Owner shall not invalidate the meeting or any resolution passed thereat. SECTION X
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