Strata Title
14. Voting Rights
Authors: Staff Legal Eagle
Firm / Chambers:
Last updated: 22 Sep 2015
- The following are persons entitled to vote at a general meeting:
- an owner who is not in arrears of strata levies and whose name appears on the strata roll can vote in person or through an authorised proxy;
- a covenant chargee or first mortgagee of a lot recorded on the strata roll; and
- a person who has been appointed in writing by an owner company as it's company nominee.
- Each owner has one vote for each lot they own and co-owners only have one vote. Votes are counted for or against a motion.
- Most decisions are made by majority decision. However any owner may call for a poll vote at any time.
- If a poll vote is called for by an owner then voting power is determined by your unit entitlement in the strata 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 when the strata plan is registered.
- Occasionally a special resolution or unanimous resolution may be called for:
- a special resolution is determined by 75% of votes in favour of a motion;
- a unanimous resolution requires 100% votes; and
- an owner whose levy payments are in arrears can still vote on a motion requiring a unanimous resolution.
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