Meetings and Voting

There are two types of body corporate meetings:

  • Committee meetings
  • Discussion is held by committee members attending
    • Decisions made by majority of committee members only
    • Owners may attend and observe only
    • Voting can be done in person or in writing
  • General meetings
    • Decisions made by all lot owners attending
    • Voting is invited from all owners, but it is optional
    • All lot owners are invited to attend and vote on all motions
    • General meeting motions are generally more significant for the body corporate, which is why all owners can participate.

Yes, Stratacare offers industry-leading online voting options. Online voting is fast, secure, and easy to use.

To vote online, you must be receiving your body corporate communication by email. We will automatically invite you to vote electronically whenever it is available for your meeting.

An Annual General Meeting or AGM is the bodies corporate main meeting held once a year which all owners are invited to attend and vote upon all motions tabled and to form a new committee.

At an AGM, your body corporate will decide matters such as:

  • annual budgets
  • annual contributions
  • insurance
  • the election of the committee.

An Extraordinary General Meeting or EGM can be held at any time throughout the year to vote on matters that are above committee restrictions or expenditure.

 

An extraordinary general meeting can be called by either a:

  • committee member (if approved by the majority of voting committee members)
  • written request signed by at least 25% of lot owners or their representatives
  • person authorised by an adjudicator’s order.

Many body corporate decisions have to be made at a general meeting. A decision is made at a general meeting if a motion is included on the agenda, and owners vote to pass the motion. This is called a resolution.

There are different types of resolutions for general meetings. When a motion is included on a general meeting agenda, the voting paper must say what type of resolution is needed to pass the motion.

The Body Corporate and Community Management Act 1997 says how to count the votes for each type of resolution to work out whether the motion passes or fails.

In some cases the legislation will say what type of resolution is needed to pass a motion on a certain issue.

If no resolution type is given the issue can be decided by an ordinary resolution. The committee may also be able to decide the issue.

Ordinary resolution

Ordinary resolutions are the most common type of general meeting resolution.

A motion is passed by ordinary resolution if the votes counted for the motion (“yes” votes) are more than the votes counted against the motion (“no” votes). If a voter abstains from voting, that is not included in the count of votes.

Examples of motions which need an ordinary resolution include:

  • adopting administrative and sinking fund budgets
  • setting annual body corporate contributions.

Each lot has 1 vote on a motion that can be decided by ordinary resolution. However, a person entitled to vote can ask for a poll vote.

Special resolution

The motion is passed by special resolution only if:

  1. at least two-thirds of the votes cast are in favour of the motion
  2. the number of votes against the motion is not more than 25% of the total number of lots
  3. the total contribution schedule lot entitlements of the votes against the motion is not more than 25% of the total contribution schedule lot entitlements for all lots in the scheme.

All 3 conditions must be met for the motion to pass by special resolution. If 1 of the conditions is not met the motion will fail.

The types of motions which need a special resolution include:

  • consent to record a new community management statement to change the body corporate by-laws (not including exclusive use by-laws)
  • an improvement to common property by the body corporate costing more than $2000 per lot
  • a motion to engage a body corporate manager to act in place of the committee.

If a voter abstains from voting, that is not included in the count of votes.

Resolution without dissent

A motion is passed by resolution without dissent only if there are no votes against the motion (i.e. there are no, “no” votes).

If a voter abstains from voting, that is not included in the count of votes.

Examples of motions which need a resolution without dissent are:

  • a proposal to sell or dispose of part of common property
  • to consent to record a new community management statement to amend or add an exclusive use by-law.

Majority resolution

Majority resolutions are uncommon.

A motion is passed by majority resolution if the votes counted for the motion (“yes” votes) are more than 50% of the lots whose owners are entitled to vote on the motion. Votes must be in writing. Proxies are not allowed.

If a voter abstains from voting, that is not included in the count of votes.

An example of a motion which needs a majority resolution is a motion to transfer a letting agent’s management rights.

Minutes, also known as minutes of Meeting, are the instant written record of a Meeting. They typically describe the events of the Meeting and may include a list of attendees, a statement of the issues considered by the participants, and related responses or decisions for the issues. A Strata Committee must keep full and accurate minutes of all Meetings.

An Owner can delegate their voting rights to another person, who becomes their proxy. An Owner can make any person their proxy. Proxies must be given to the Secretary before the meeting commences unless an earlier time is set by the body corporate.

A quorum is the least number that must be present in a Meeting to make its decisions valid. This is at least 25% of the Owners entitled to vote at a General Meeting, at least 50% of the voting members of the Committee for a Committee Meeting. There must be a quorum at a General Meeting before any motion, including electing a strata committee, can be voted on.

Non-Voting Members are automatically elected to the Committee and are defined in the BCCM Act as ether the Body Corporate Manager for the scheme or the caretaking/service contractor for the scheme. Non-Voting Members have the right to attend the meetings but are not included when a quorum is being counted.

The Committee can decide that a Non-Voting Member must be absent at a meeting when the following subjects are being discussed:

  • Any disputes between the Body Corporate, any lot owner or occupier and the service contractor/BCM
  • The engagement of a service contractor/BCM
  • Any other items the Committee consider necessary for the BCM/service contractor not to be in attendance.

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