Question: For a committee of four voting members in a VOCM, is the majority three (i.e., half of four plus one)? What about abstentions or non-votes?
What is the correct understanding of the VOCM voting process as outlined in section 69(2) of the BCCM Act, specifically regarding the definition of the ‘majority of all committee members entitled to vote’?
For a committee of four voting members, is the majority three (i.e., half of four plus one)? According to section 69(2), a motion would pass with at least three ‘yes’ votes or fail with at least two ‘no’ votes. Abstentions or non-votes aren’t factored in; only ‘yes’ and ‘no’ votes are considered.
Can you clarify the outcomes for the following scenarios with the correct understanding of the VOCM voting process?
Case 1:
Voting Committee Members: 4 Yes: 2 No: 0 Abstain: 1 Non-Vote: 1 Outcome: Pass or not?
Case 2:
Voting Committee Members: 4 Yes: 2 No: 0 Abstain: 0 Non-Vote: 2 Outcome: Pass or not?
Answer: In both cases and subject to s69(2) of the Standard Module (equivalent provisions elsewhere), the vote fails.
These types of matters can be heavily contested and need an adjudicator to finally determine, taking into account a range of factors. So, I want to clarify, I am not providing legal advice or in a position to provide definitive answers.
In that context, my views are that in both cases and subject to s69(2) of the Standard Module (equivalent provisions elsewhere), the vote fails.
Again, there may be several factors at play here which would at least give pause for thought on the above. For example, were members contacted at the correct email address for service? You’d be surprised how often one keystroke wrong in an email address causes drama.
My response is general information and not legal advice.
This post appears in the October 2023 edition of The QLD Strata Magazine.
Chris Irons Strata Solve E: chris@stratasolve.com.au P: 0419 805 898