Question: Can an owner abstain from voting on an issue listed on the AGM Agenda as requiring ‘Resolution without Dissent’? How is this done? Can an owner just be absent from the meeting?
Answer: An Owner can choose to abstain on an Annual General Meeting agenda item or not attend the meeting.
Yes, an Owner can choose to abstain on an Annual General Meeting agenda item or not attend the meeting. It means they are choosing to not vote on the proposed item. The options for an Owner are a yes, no or abstain vote.
If an owner chooses to be absent or abstains from a Resolution without dissent vote it can still pass as a Resolution without dissent, however, the motion will not pass if a ‘no vote’ is cast. Section 123 notes that it will pass provided a minimum of 14 days’ notice is provided of the proposed resolution before voting, and no vote is cast against the resolution. Therefore a abstain vote has no impact on a resolution without dissent.
Section 120 also notes that in regards to voting periods, for a resolution without dissent there is an additional period of voting that must be taken into account. The period for voting must be in writing within 28 days after the meeting (unless the regulations specify otherwise), this means that an Owner in the scheme can also choose to cast a vote 28 days after the meeting.
This post appears in the August 2022 edition of The WA Strata Magazine.
Jamie Horner Empire Estate Agents E: JHorner@empireestateagents.com P: (08) 9262 0400