ACT: Does a 2-unit development with 4 part-owners mean the owners corporation has 4 members?

Question: Does a 2 unit development with 4 part owners mean the owners corporation has 4 members?

Does a 2 unit development with 4 part owners mean the owners corporation has 4 members per Division 2.3 (10) of the Unit Titles (Management) ACT 2011? As such can a poll vote be called by any member of the OC for an ordinary resolution per 3.15 (1)?

Or does it mean that since we are a 2 unit development, the owners corporation only has 2 members? And as such a poll vote cannot be called?

Answer: Units which have a shared ownership or part owners, the part owners must appoint an authorised representative.

All owners essentially form part of the owners corporation or are members of the Owners Corporation, however, under Section 3.22 of the Act only a single vote is exercisable per unit. So with the dual occupancy unit, you’ve got two votes, which are exercisable.

Units which have a shared ownership or part-owners, the part owners must appoint an authorised representative under division 2.3. So it should be on the record which of those part owners is responsible for the functions of the owner in exercising voting and the like.

Section 3.15 states that an owners corporation with one or two members, in order for an ordinary resolution to be passed, no votes can be cast against the motion and at least one vote must be cast in favour of the motion. The Act is silent on a dual occupancy calling for a poll. It does go on and give specifications for calling a poll in three units and greater, so the silence on dual occupancy units calling a poll suggests that it is not permitted. Essentially, any decision which can’t be resolved by the parties would end up in ACAT for them to make the determination.

It can get tricky if there are owners who don’t necessarily see eye to eye.

Nina Cannell
Signature Strata
E: nina@signaturestrata.com.au
P: 02 6185 0347