The WA legislation talks about a 28 day voting period. With the 28 day voting process, if all members had voted pre and at the meeting, does the voting period closes at the end of the meeting?
If, however, not all votes were received but the resolution still passes at the meeting due to the required numbers, are the subsequent votes invalid and recorded although they could not change the resolution?
Our strata is made up of both residential apartments and a resort. My unit is in the residential part with a resort that backs onto it.
The resort units are owned by individuals but 80% is owned by the company who purchased the resort.
The residential units are all owned individually.
Is the vote of a Chairperson (at either a General Meeting or a Council of Owners meeting) worth more than a non-Chairperson’s vote?
Does a Chairperson (at either a General Meeting or a Council of Owners meeting) have a casting vote, if there are equal votes on either side?
Are you able to advise me if an owner in a Survey Strata Title's Village owns 3 units what is their voting rights at an AGM or any meeting do they have the right to have three votes? the act is a bit confusing so we want to be sure to advise the owner it is a vote per property that the owner would have 3 votes or it is a vote per owner would be one vote.
Is the following clause 8 in Schedule 1 by-law 12 still the case following the new strata title amendments?
Unless a poll be so demanded a declaration by the chairman that a resolution has on the show of hands been carried is conclusive evidence of the fact without proof of the number or proportion of votes recorded in favour of or against such resolution.
In LookUpStrata's recent article on Votes and Voting, you quote clause 11 from the old Strata Titles Act (STA). Schedule 1 Bylaw 12 Clause 11 states:
What is the situation when Unit Entitlement are disproportionate to the value of the strata shops in a complex as described in section 37(2) of the STA.
The lot owner who benefits from the division is opposed to a voluntary re-evaluation. We are wondering how hard it is to get an order through SAT in WA to have the complex revalued for the purpose of UE correction.
I purchased a unit in a holiday resort. We have residential owners in the front of the complex and owners who rent out their units for holidaymakers in the back resort part of the complex.
The resort has been purchased with 80% of the units being owned by one company. When it comes to voting at AGMs, the residential owners are always out-voted due to the majority of votes belonging to one person. Our strata rates are extremely high.
What can we do about this? We feel it is unfair and only benefits the resort.
Section 122 of the strata titles act states that a voting member can demand a vote be counted by unit entitlement before the resolution is put to the vote. It also states that the demand can only be withdrawn by the person making the demand. Does the withdrawal also have to occur before the resolution is put to the vote, or can the demand be withdrawn during or after? The wording is not clear.
I have two questions about strata committee vacancies and election procedures.
First, is there any reason a strata manager would advise a strata committee not to fill a vacancy after a committee member resigns, where the next AGM is not imminent?