We received this question about strata voting rules via email from a lot owner in SA. Information concerning this topic has been supplied by Tyson D’Sylva, Ace Body Corporate Management.
Question: I am a member of a strata title and don’t understand the strata voting rules relating to “voting on resolutions by email”.
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I am a member of a strata title and don’t understand the strata voting rules relating to “voting on resolutions by email”.
We have recently been asked to vote on a resolution via email communication each way and I believe the outcome to be flawed. Whilst only 1 vote against the motion was recorded, I have been told by other members that at least 2 NO votes were cast and another members “no vote by email” was not received. Please help me understand the “email” communication rules and point me to the parts of the act that clarify them.
We are a community of only 8 households and I believe we have been hood winked into accepting an unpopular motion via the Executive Committee consisting of only 1 person acting as chairman, vice-chairman and secretary.
I am in the dark concerning the strata voting rules and procedure to be followed by the Strata Management Company concerning the procedure to be followed by them when moving a motion developed by the Executive Committee of One and then calling for a vote on the motion by all the unit holders via EMAIL.
In this case there was no opportunity provided for the members to discuss the matter. One members “no vote” was misinterpreted as a yes or abstention vote and another members “no vote” was not recorded because of an electronic problem with their email response.
Can motions and votes be conducted via email only. What is the procedure, in terms of the Act that must be followed by the Executive Committee, the Strata Title Management Company and the unit members.
Answer: Any motions should be voted on at a general meeting of the corporation or through a management committee which has been delegate appropriate powers to make decisions on behalf of the owners.
It appears that the owners are being asked to make a decision via email and I assume it is a community corporation and under the Community Titles Act. Any motions should be voted on at a general meeting of the corporation or through a management committee which has been delegate appropriate powers to make decisions on behalf of the owners.
If the corporation has not formed a management committee nor constituted a general meeting as per section 81 of the Community Title Act and given the required 14 days written notice to each owner stating time, date, venue and motions, then no votes should be counted as the decisions were not made in accordance with the legislation.
Depending on the motions a special general meeting should be called with proper motions and all owners informed so they can attend and discuss and a vote be counted. If owners cannot attend in person, a proxy form with their instructions/ decision can be posted or emailed to the secretary, so it can be tabled at the general meeting of the corporation.
In reply:
When we replied back to the lot owner with this answer, they asked the following:
Your answer helps me understand the rules a bit more. Our group are under “Strata Title” so do the same rules apply as for “Community Title”? Is a general or special meeting held “by email” permitted, and if so, what are the rules?
Answer
From Tyson: The same rules will apply regarding the time frame and the need to have a meeting to approve motions.
Please refer to Strata Titles Act 1988 – Division 5 Section 33.
Read next: The case for electronic voting
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Tyson D’Sylva
SA Area Development Manager
Ace Body Corporate Management
T: 08 8342 1544
F: 08 8342 5744
E: tyson.d@acebodycorp.com.au
This article is not intended to be personal advice and you should not rely on it as a substitute for any form of advice.
Are you interested in more information about strata voting via email or information particular to strata legislation in SA? Visit our FactSheet: Committee Concerns OR FactSheets: Strata Legislation SA pages.
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