Question: The Strata Title Act 1985 states that a council member’s vote can be done based on unit entitlements. When the nominated members exceed the seven member limit and the vote must be determined by ballot, are the ballot papers weighted?
Answer: the nominees who receive the highest number of votes (weighted by unit entitlement) up to the maximum allowable number will be elected to the council.
If the strata company is determining who is elected to council via ballot based on unit entitlement, the nominees who receive the highest number of votes (weighted by unit entitlement) up to the maximum allowable number (7 members in your case) will be elected to the council.
It’s important that the ballot process is conducted transparently and in accordance with the strata legislation and any applicable by-laws. This ensures fairness and accuracy in determining the election outcome.
Elected councillors also need to be aware that the council of the strata company are obligated to ensure they adhere to the general duties and conflict of interest disclosure requirements set out in Sections 91 and 137 of the Strata Titles Act 1985.
ESM Strata E: mchurstain@esmstrata.com.au P: 08 9362 1166