Are online pre-votes before an AGM valid, and do they count towards quorum under the Act?
Our AGM had no physical attendees. Are online pre-votes before the AGM deemed valid? Do these votes count towards the quorum under section 90 of the Owners Corporation Act 2006? The Act states that resolutions of the owners corporation may be made either at a meeting or by ballot, not a combination of both. Opinions of the owners, the committee and the owners corporation manager differ. What is correct?
The Act only provides two ways to vote: at a meeting or by ballot. You cannot do both.
You are correct. The Act provides only two ways to vote: at a meeting or by ballot. You cannot do both. It is not possible to vote online before the meeting, and these votes will not count towards the quorum. A quorum is defined as members present either in person (including by phone or video) or by proxy.
The only way around this would be for a lot owner to fill out a proxy form that directed their proxy on how to vote. Even then, the proxy still needs to attend the meeting.
Log in to your existing Lookupstrata Account to download the printable file.
Alex Smale has worked in the Owners Corporation Industry since 2015. She is a passionate advocate for sustainability and community within strata, previously working as a Sustainability Manager in the industry. She has served on the SCA Education committee and delivered education webinars for Look up Strata and SCA VIC. In 2019 Alex was awarded the Excellence Award from SCA VIC, she has also won two Excellence Awards for Environmental and Community Engagement and a SCA state and National Excellence Essay Award.
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