# The RTM Companies (Model Articles) (Wales) Regulations 2011, Paragraph 33: Voting: general

Extent: E+W

(1) A resolution put to the vote of a general meeting must be decided on a show of hands unless a poll is duly demanded in accordance with the articles.
(2) If there are no landlords under leases of the whole or any part of the Premises who are members of the company, then one vote is available to be cast in respect of each flat in the Premises. The vote is to be cast by the member who is the qualifying tenant of the flat.
(3) At any time at which there are any landlords under leases of the whole or any part of the Premises who are members of the company, the votes available to be cast are determined as follows—
(a) there will first be allocated to each residential unit in the Premises the same number of votes as equals the total number of members of the company who are landlords under leases of the whole or any part of the Premises. Landlords under such a lease who are regarded as jointly being a member of the company will be counted as one member for this purpose;
(b) if at any time the Premises includes any non-residential part, a total number of votes will be allocated to that part as will equal the total number of votes allocated to the residential units multiplied by a factor of A/B, where A is the total internal floor area of the non-residential parts and B is the total internal area of all the residential parts. Non-residential parts and the internal floor area are to be determined in accordance with paragraph 1 of Schedule 6 to the 2002 Act. Calculations of the internal floor area are to be measured in square metres, fractions of floor area of less than half a square metre are to be ignored and fractions of floor area in excess of half a square metre are to be counted as a whole square metre;
(c) the member who is the qualifying tenant of a residential unit is entitled to cast the votes allocated to that unit, or if there is no qualifying tenant of that unit, the member who is the immediate landlord is so entitled. The immediate landlord will not be entitled to the vote of a residential unit held by a qualifying tenant who is not a member of the RTM company;
(d) the immediate landlord of a non-residential part included in the Premises is entitled to cast the votes allocated that part, or where there is no lease of a non-residential part, the freeholder is so entitled. Where there is more than one such person, the total number of votes allocated to the non-residential part are to be divided between them in proportion to the internal floor area of their respective parts. Any resulting entitlement to a fraction of a vote is to be ignored;
(e) if a residential unit is not subject to any lease, there is no entitlement to cast any votes in respect of it;
(f) any person who is not otherwise entitled to any votes is entitled to one vote if that person is—
(i) the freeholder of the Premises,
(ii) a landlord under a lease or leases of the whole or any part of the Premises, and
(iii) a member of the company;
(g) the votes exercisable by landlords under leases of the whole or any part of the Premises must be capped at one third of the votes exercisable by qualifying tenants.
(4) In the case of any persons who are to be regarded as jointly being members of the company, any such person may exercise the voting rights to which such members are jointly entitled, but where more than one such person tenders a vote, whether in person or by proxy, the vote of the senior is to be accepted to the exclusion of the votes of the others, and seniority is to be determined by the order in which the names of such persons appear in the register of members (or, if an election under section 128B of the Companies Act 2006 is in force in respect of the company, in the register kept by the registrar under section 1080 of that Act) in respect of the flat or lease (as the case may be) in which they are interested.

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Source: https://www.legislation.gov.uk/wsi/2011/2680/schedule/1/paragraph/33 (the official version)
Page: https://openlegislation.uk/rtm-companies-model-articles-wales-regulations-2011/schedule-1/paragraph-33
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.