When does the 28 day strata voting period close?

Committee & Governance

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?

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?

If all proprietors have cast their vote, that motion is deemed to be carried at the meeting and the allowance of a further 28 days may not be applicable.

Regarding a Resolution without Dissent, Special or Unanimous Resolutions being a resolution on which every person in the scheme who is entitled to vote is to vote either in person, by proxy or in writing within 28 days after the meeting, generally the process is that the motion stays open as such for voting proceeding the meeting date for a period of 28 days before the motion is effectively "carried". In the case whereby all proprietors have cast their vote and it has been recorded as such, then it would be my opinion that the motion is deemed to be carried at the meeting and the allowance of a further 28 days may not be applicable.

However, there is no provision in the Strata Titles Act specifically referring to a situation like this, so it is open to interpretation by the wording of the legislation. Given the wording as shown below under Section 121's intention as it appears is to have the 28 days period solely for the purpose of proprietors not in attendance to cast a vote, one may reasonably conclude that since all votes have been cast the 28 days is no longer required/applicable to deem the motion as carried. This is up to legal interpretation and possibly depends upon what type of motion is being passed, i.e. termination motion or re subdivision motion, or is it just a simple by-law change or structural application etc? So, it may depend on what section of the Strata Titles Act WA and Regulations WA the motion that’s being sought is governed by. Proper legal opinions should be obtained based on the nature of business being sought to be passed by the strata company would be my advice on how to proceed in events such as this.

STRATA TITLES ACT 1985 - SECT 121

121. Voting period

If a resolution is required to be a unanimous resolution, resolution without dissent or special resolution, the period allowed for voting must be 28 days or, if the regulations specify some other period, that period.
If a vote on a resolution that is required to be a unanimous resolution, resolution without dissent or special resolution is taken at a general meeting —

the voting period opens at the meeting and closes 28 days (or if the regulations specify some other period, that period) after the meeting; and
if, for 1 or more lots, there was no-one present at the meeting in person or by proxy who could cast the vote attached to the lot — written notice of the outcome of the vote at the meeting is given to the owner of each such lot; and
if the vote for a lot was not cast at a meeting, the vote may be cast by written notice to the strata company before the voting period closes.

[Section 121 inserted: No. 30 of 2018 s. 83.]

The information published in this article is of a general nature and should not be construed as legal advice. You should not therefore act in reliance on it without first obtaining specific legal advice.