Community Title
13. Voting Rights
Authors: Staff Legal Eagle
Firm / Chambers:
Last updated: 08 Jul 2015
- Only owners who are not in arrears of levies and whose names are on the roll are entitled to vote at a general meeting. Their vote may be cast by:
- themselves personally;
- their mortgagee or covenant chargee for special or unanimous resolutions if the mortgagee or covenant chargee has notified the owner that they intend to exercise their right to vote in their place;
- a company nominee for an owner which is a corporation;
- an appointed proxy which might be a tenant, a fellow owner or anybody else; or
- a subsidiary body shown on the roll. For example this may be a precinct or neighbourhood association voting at a community association meeting or the owners corporation of a strata scheme voting at a neighbourhood association meeting. A subsidiary body can only vote through a proxy.
- Each owner has a vote for each lot they own (co-owners only have one vote) unless a special or unanimous resolution is called for. Votes are generally counted for or against a motion. There are three kinds of votes which may be taken:
- general resolution. Most decisions are made by a majority decision. This means the vote is passed if more than 50% of those present in person or by proxy vote in favour of a resolution;
- special resolution. For some matters a special resolution may be called for. A special resolution is determined by 75% of votes in favour of a motion. However the percentage of votes is calculated based on the unit entitlement of each person voting. This is explained further below; and
- unanimous resolution. Major changes require a unanimous resolution. This means nobody present at the meeting voted against the resolution. 100% of the votes are required for the motion to be passed.
- Whenever a poll or special resolution is required voting power is determined by the unit entitlement in a scheme:
- for example if everyone else has 10 out of 100 unit allotment in a 9-lot strata scheme but you have 20 out of 100 unit allotment you effectively have two votes;
- the unit entitlement is determined for each lot by a licenced valuer when the strata plan is being drawn up; and
- it is based on the market value of the lot at the time of registration of the strata plan.
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