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Members' special resolution.
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57.—(1) Where a member of a society who is entitled under section 53 to vote on a special resolution makes application in writing to the society to propose a resolution (the text of which is included in the application) as a special resolution at a meeting of the society, it shall, subject to subsection (2), be the duty of the society to include in the notice of the meeting a notice specifying the intention to move that resolution as a special resolution at the meeting.
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(2) Where the board of directors of a society is of the opinion that the subject matter of a resolution the subject of an application under subsection (1) is—
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(a) vexatious or frivolous,
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(b) on a subject not related to the affairs of the society, or
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(c) such that if the motion were passed the society could be involved in activities likely to be ultra vires,
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the society may, within ten days after the receipt of the application, notify the member of the refusal of the society to give notice of the resolution and of the grounds of the refusal.
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(3) Where under subsection (2) a society refuses to give notice of a member's intended special resolution, the member may require the matter to be treated as a dispute between him and the society for the purposes of sections 47 to 50.
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(4) Where an application under subsection (1) does not specify the meeting at which the member intends to propose the resolution, or if it specifies a meeting which will be held 42 days or less after the receipt of the notice by the society and the society does not exercise its powers under subsection (2), the society shall assume that the member intends to propose the resolution at the first meeting of the society held more than 42 days after the date of the application.
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