The amendments to the Strata Titles Act which came into effect on 1st May 2020, has introduced a new option for voting. Votes can now be put to owners outside of a general meeting. Under instruction from the council of the strata company, ESM will be able to send out the documentation to all owners and seek their vote on a motion without the need to call a general meeting.
It is vital that any voting system is clear, concise and maintains the integrity of the voting system. Amendments have also been made to allow this voting system to be electronic.
Voting outside of a General Meeting should only be for matters that don’t require discussion. It will be useful in many circumstances, for example: In approving lot alterations and additions, transferring money from the reserve to admin funds and vice versa. Matters requiring discussion, such as changing by-laws or altering common property, are best guided via a general meeting.
The Act states that, if a vote is taken outside a general meeting, the following information must be confirmed;
- How the vote will be conducted;
- How a vote may be submitted;
- The closing date for submitting a vote;
- How the owner of a lot will know their vote has been cast;
- How the results of the vote will be published.
How it works
If the council of the strata company elect to put a vote to owners outside of a general meeting, you will receive the notice via your preferred delivery method. Documents relating to the proposed motion/s to occur outside of a General Meeting, proxy form, any supporting documentation for the motion, and a voting sheet will be attached.
What you need to do
To exercise your vote, you must read the motions, complete the voting sheet, and return it to ESM so that it is received before the voting closure date. We ask that the owners provide an email address or mobile phone number with your voting form so that we can notify you that we have recorded your vote.
Proxies
If your lot is jointly owned or in a case of an incorporated owner, ensure you complete the proxy form as you would in a general meeting. Also be aware, except in cases deemed valid under the Act, no owner is entitled to vote unless all contributions payable in respect of the lot have been paid by the voting closure date.
And after?
After the voting closure date, ESM will tally the responses. After this time, no more votes will be considered. All owners will receive notification of the outcome of the vote.
ESM is pleased to see that the voting section has been amended to create greater clarity. This new option is now available for strata schemes which means that a decision can be reached more quickly than waiting for an AGM and more convenient than calling an EGM to resolve strata company matters.
