Who can organise online voting in an owners corporations?

These days, several voting platforms provide online voting options for owners corporations.

In relation to voting by a ballot, the Owners Corporation Act 2006 (the Act) allows, under Section 84, that ballots may be conducted by post or by telephone, facsimile, the internet or other electronic communication.

So online voting is expressly permitted. An online link to a voting page is a valid method as long as the ballot complies with the Act’s requirements.

To be clear, there is no requirement in the Act for ballots to be in the form of a paper ballot.

In relation to who can organise the ballot (including providing the online link), Section 83 of the Act sets out who can organise a ballot:

• the chairperson;
• the secretary;
• a lot owner nominated by lot owners holding at least 25% of total lot entitlements; or
• the owner corporation manager under certain circumstances (acting under committee authority, nominated by owners representing ≥ 25% of lot entitlements, or if there’s no committee).

In short, it’s not solely up to the manager. The manager may organise an online ballot, but only if authorised by the committee or owners. The link can be provided by whoever is organising the ballot (committee chair, secretary, nominated owner, or authorised manager).

Section 85 of the Act provides the requirements of the Notice of Ballot (prior to sending a link):

• The person arranging a ballot must give written notice of the ballot to each lot owner at least 14 days before the ballot closing date .

The notice must include:
• the ballot closing date, being 14 days after the date of the notice
• the ballot document containing the motion, including the text of any resolution to be voted on in the ballot,
• a statement that a lot owner has the right to appoint a proxy.

This means if you’re going to use an online voting link, it must be included (or clearly explained) in that notice.

In relation to the lot owner having access to review results, the Act doesn’t say that only the manager can view or disclose the results of a ballot.

Section 145 of the Act states that voting papers and ballots must be kept as part of the owners corporation’s official records, including proxies, for 12 months, and these records are generally available for inspection by lot owners (subject to reasonable requirements).

An OC manager can’t lawfully withhold the results from owners if owners seek to inspect ballot papers/results.

There is no specific legislation in relation to fees and charges for online voting services.

The OC Act 2006 itself does not prescribe fees for conducting ballots or require that a manager can or must charge for arranging an online voting link.

Whether a manager can charge a fee for organising an online vote is usually a contractual matter between the owners corporation and its manager, not a statutory right under the Act.

General due diligence suggests that managers must procure services at a competitive price and disclose any benefits they receive.

To summarise:

Is an online voting link allowed instead of a Ballot paper?

Yes, ballots can be conducted via internet or electronic communication.

Who can provide the online link?

Anyone authorised to arrange the ballot (chair, secretary, consenting lot owners, or authorised manager). It’s not limited to the manager alone.

Can lot owners access/review the results themselves?

Yes, results and ballot records form part of the owners corporation records, which owners can inspect (subject to reasonable requirements).

Will a manager likely charge a fee for creating the link?

The Act doesn’t mandate a fee. Charges depend on the management contract and owners corporation resolutions. Managers should procure services competitively and disclose benefits.

Ben Quirk TOCS E: ben.quirk@tocs.co P: 0448 663 616