Everything you need to know about voting

Who may vote at a general meeting?

Only defined voters may vote at a general meeting. A voter for a general meeting is an individual who is entered on the body corporate roll as the owner of a lot or the representative of the owners of a lot. A company nominee entered on the roll is also a voter. Companies without nominees are not eligible voters.
A person is a representative of an owner if they have provided the secretary with the instrument of their appointment and their address, and they are the guardian, trustee, receiver, or the power of attorney of an owner.
Original owners have restriction as to when they may be the representative of the owner. The original owner may have a power of attorney from a registered owner.
Neither a body corporate manager, a service contractor, nor letting agent may represent an owner for voting purposes. All representatives must provide the secretary with their business or residential address, and their address for service (if it differs from the business or residential address provided).

Voting representation where one lot in the scheme is a subsidiary body corporate

The representative of a subsidiary scheme is also a voter in the principal body corporate. This is the person chosen by the committee of the subsidiary scheme, or in the absence of a decision it is the chairperson of the subsidiary scheme.

Loss of the Right to Vote

A registered owner may lose the right to vote, or have their representatives lose the right to vote, if a mortgagee in possession claims this right by written notice to the secretary. An owner does not have the right to vote if that owner owes the body corporate a debt at the time of the meeting, except in the case of a motion by resolution without dissent. The person may still be a voter for the purpose of calculating a quorum.

How Voters can Vote

Owners or their representatives may vote at a general meeting either by-

  • Attending the meeting in person and voting from the floor.
  • Attending the meeting and submitting a voting paper prior to the start of the meeting.
  • Sending a voting paper directly to the secretary.
  • Appointing a proxy to vote on behalf of the owner.

Co-owners Voting

Where there are co-owners for a lot, those present submit a single vote as the owner of the lot. If co-owners are in conflict then there is to be no vote counted for that lot.

Voting Papers

The notice of the general meeting will include a voting paper for all open motions, and a voting paper (or papers) for any motion to be decided by secret ballot. Secret voting papers must be marked with the words “secret voting paper”.
The voting paper must state

  • Each of the motions to be decided
  • The type of resolution required to pass the motion
  • If the motion is accompanied by any explanatory notes, that there is explanatory material relevant to the motion in the schedule of explanatory material
  • The motion in the form it is submitted (other than an alternative motion)
  • The name and the lot number of the person submitting the motion
  • Whether a motion is submitted by the committee or is a statutory motion

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