Question: If an owner votes ‘yes’ on an AGM motion to hire a BCM and approve the service agreement, are they personally agreeing to its terms? Or does their vote contribute to the body corporate’s collective decision?
Answer: You vote as part of a collective.
In strata, you vote as part of a collective. Whether ‘yes’, ‘no’ or ‘abstain’, it is the tally of the votes which then results in the outcome, and that outcome (decision) is the decision of the body corporate. That decision binds the body corporate until the decision is rescinded or overturned by order of an adjudicator.
Looking at your example, if the motion has passed according to the correct resolution type and there are no other defects with the motion (and there are plenty of possibilities for a motion to be defective), the body corporate manager is engaged, and it really doesn’t matter too much which individual voted ‘yes’, ‘no’, ‘abstain’ or drew figurines all over their voting paper.
Finally, and for the sake of clarity, the contractual relationship is between the strata manager and the body corporate, and not between the strata manager and an individual. The committee manages that contractual relationship.
This is general information only and not legal advice.
This post appears in Strata News #707.
Chris Irons Strata Solve E: chris@stratasolve.com.au P: 0419 805 898