To pass a new by-law, a postal vote was held at our retirement village of 136 units. When the vote was concluded, the strata committee considered the voting invalid as two proxy votes were handed in after the voting was ended.
Are they correct in deeming the whole vote invalid? Should they have simply decided that the two proxy votes were invalid instead?
Is it possible for an owner to change their vote on an agenda item that they have already voted on during the same AGM?
At an AGM, if Owner B votes Yes to agenda item 01. But later on during the same AGM, they change their mind and Owner B votes No to agenda item 01.
Context: There are 2 by-laws that need to be passed at an upcoming EGM, which needed to be resolved at mediation to be here (i.e. Owner A wants agenda item 01 passed and Owner B wants agenda item 02 passed - at mediation both owners agreed to pass each other's by-law to proceed).
On a submitted proxy form, the wife, as a co-owner of the lot, was indicated as the proxy for an AGM. On the night of the AGM, it was advised the wife could not attend, and the proxy was changed to the husband. The change indicated the person who initially completed the proxy form did not make the change. Is this allowed?
Does our strata management company have a legal or moral responsibility to advise us if a proxy form has been filled in correctly? Recently, the strata manager had plenty of time to advise the error and give us time to rectify the form, but we were not advised that it was invalid until the meeting. The vote was, amongst other things, whether to remain with this strata company.
The agenda for our AGM showed a 20% increase in levies plus three amended by-laws that required a vote. The AGM was held midweek during the day. Few people could attend. I sent my proxy for items on the agenda.
When the levy notice was received, it showed an increase of 40%. We have had no communication apart from the minutes saying it was resolved and amended. This seems manipulative. Is it lawful and within the proper procedures?
In our 15 year old, 30 lot strata scheme, four units require rectification works due to building defects. We called a general meeting to approve a special levy to cover the cost of the work.
Can owners of the four units with defects vote at the general meeting, or should they abstain from the vote due to their vested interest?