Question: Is a ballot legal if no numbers are indicated at an AGM? Can the vote be passed without as a legal item in Minutes?
Answer: Not having the count shouldn’t invalidate a properly made decision.
I think the lawfulness of a ballot depends on all of the procedural issues associated with it – timing of the notices, right material sent etc etc etc
Not having the voting count in the minutes doesn’t comply with the requirement the minutes must be full and accurate, but not having that shouldn’t invalidate a properly made decision. What should happen is that the body corporate should be asked to include the count in the minutes.
This post appears in Strata News #618.
Frank Higginson Hynes Legal E: frank.higginson@hyneslegal.com.au P: 07 3193 0500