Question: Is it possible for an owner to change their vote on an agenda item that they have already voted on during the same AGM?
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).
But sadly there is a reality where if Item 01 is passed, then Owner A could vote against item 02 – giving Owner A what they want and not what Owner B wants (going against the mediation agreement)*. In this instance, Owner B would want to change their vote on item 01 to a No.
It seems that an owner should have the right to change their mind mid-AGM.
*The number of units in the Strata scheme is small, so both have the ability to “veto” each special resolution.
Answer: Arguably, the vote could be changed before the result of the voting was announced or if there was unanimous agreement to do so.
There is no mechanism in the strata legislation to change a vote on a motion counted during a meeting, especially where the Chairperson has declared the result of voting. Arguably, the vote could be changed before the result of the voting was announced or if there was unanimous agreement to do so.
This post appears in Strata News #575.
Leanne Habib
Premium Strata
E: info@premiumstrata.com.au
P: 02 9281 6440
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