WA: Can co-owners both speak at a strata AGM if only one vote is permitted?

Question: A husband and wife have one vote only at an AGM. Can both parties speak to a motion?

A husband and wife own one property. While they have one vote only at an AGM, and one party will give the other their proxy to vote, can both parties speak to a motion?

Can one party give their proxy to the other owner to speak on item X, and then the proxy be passed back to the first party to speak on item Y?

Answer: Co-owners may only cast the vote through jointly appointing a single proxy.

Let’s look at the black and white:

Section 126(b)(iii) of the Strata Titles Act 1985 (STA) stipulates that if there are co-owners of the lot, the co-owners may only cast the vote through jointly appointing a single proxy.

Section 124(3) allows the appointer to limit the appointment of the proxy in any specified way, so the appointer may provide the proxy direction on how to vote.

What about the grey:

While the Act is silent on invitee participation, the primary duty of the chairperson is to maintain and preserve order during the meeting. Horsley’s Meetings Procedure, Law and Practice 7th Edition notes with conditions that unless rules state otherwise, every person at the meeting (and entitled to be present) has a right to speak.

However, the chair should consider whether or not the presence of the invitee has the potential to make a material difference to the outcome of the meeting, and if so, is this difference in the best interests of all owners of the strata company.

Participation at meetings of the strata company should be controlled and managed by the chair of the meeting, including discussion points and time management.

General Meetings of the strata company are the forum for decision making, although debate may take place, it is not conversation or question time.

All Owners are given ample time to raise concerns and questions before the meeting due to the notice periods required by the STA.

So what is your answer:

I would suggest that all strata managers/strata companies ensure they have meeting rules and/or standing orders circulated with the notice of meeting and agenda, and the chair highlights these at the beginning of the meeting.

This will ensure the chair has the ability to control the meeting to the benefit of all participants.

Like many questions relating to strata, there is no one size fits all answer.

I would suggest that positive meeting participation by all attendees is welcomed to support harmonious and modern community living. However, discussion time should be limited to avoid unnecessary disruption and to ensure the meeting is on track to make required decisions.

This post appears in the February 2024 edition of The WA Strata Magazine.

ESM Strata
E: mchurstain@esmstrata.com.au
P: 08 9362 1166