VIC: Can we vote on a special levy we haven’t paid yet?

Question: A special levy will be overdue before the special general meeting called to discuss it. Can owners who haven’t paid still vote?

We bought our unit and moved in two years ago. Apart from our quarterly invoices, we haven’t received any information from the owners corporation.

Our latest invoice included a large special levy, payable within 28 days. It’s almost double our annual fees. A special general meeting has been called to discuss the levy. We haven’t paid the levy yet. It will be overdue by the meeting date.

For our vote to count, do we need to pay the special levy before the meeting, even though the meeting is being held specifically to discuss the levy?

Answer: Owners in arrears can’t vote on ordinary resolutions, but they can still vote on special or unanimous resolutions.

If the special levy becomes overdue before the Special General Meeting (SGM), you will be considered “in arrears” under the Owners Corporations Act 2006 (the Act). To ensure your vote counts, you may need to pay the levy beforehand.

However, I suggest reviewing the SGM agenda to see if the meeting is for discussion only or if there are specific motions to vote on. If it is only for discussion, you are fully welcome to attend and participate in those discussions regardless of your payment status.

If there are motions to vote on, check whether they require ordinary, special, or unanimous resolutions. If they require a special or unanimous resolution, you are legally entitled to vote on them even while in arrears (under section 89B(2) of the Act). Otherwise, for ordinary resolutions, you must pay the levy in full before you can vote.

I suggest contacting your owners corporation manager and other lot owners to discuss further before the meeting.

This post appears in the November 2026 edition of The VIC Strata Magazine.

Suzanne Herbert
The Business Ladies in Red
E: suzanneh@thebusinessladiesinred.com