Question: Can a corporate owner of multiple units hold more than one position on a council of owners?
A corporate owner of multiple units in our strata scheme has applied for multiple positions via different representatives on the council of owners. Can individuals representing a corporate owner hold more than one position on the council?
Despite legal advice stating that a corporate owner of multiple units is not permitted to hold more than one position, the corporate owner’s representatives refuse to accept this. Is there a definitive answer, or would this require a SAT ruling?
Answer: Refer to your scheme’s by-laws regarding the constitution of the council of owners.
Each scheme has varying by-laws. First, you need to check the Governance Schedule 1 By-laws applicable to your scheme. Your strata complex may have the standard Schedule 1 Governance By-laws. If so, they state that the constitution of the council of owners and Section 136 of the Strata Titles Act 1985 note that a corporate body may be an officer or council member. The Schedule also notes how a council is constituted if there are co-owners.
In Schedule 1 By-Laws, it notes that they must be elected at the Annual General Meeting.
Corporate body may be officer or council member
In Section 136 of the Strata Titles Act 1985 notes:
- A corporation is eligible to be an officer of a strata company or a member of the council of a strata company.
- A corporation may authorise an individual to perform on its behalf a function conferred under this Act on the corporation as an officer of the strata company or as a member of the council and may revoke the authority of an individual so authorised.
- If an individual performs a function that the individual is authorised to perform by a corporation under subsection (2), the function is taken to be performed by the corporation.
The legislation quoted above notes that, if duly elected at the Annual General Meeting, a corporation is eligible to be an officer of a strata company or a member of the council. Review your legal advice to note which sections of the Act or by-laws they are referring to, and provide this to the corporation that holds multiple positions on the council.
Jamie Horner
Empire Estate Agents
E: JHorner@empireestateagents.com
P: (08) 9262 0400
This post appears in the September 2025 edition of The WA Strata Magazine.
Hi, many answers above refer to a motion, like determining how many council members there will be. Is a motion at an AGM simply a majority vote or does it need to be unanimous?
thanks
Hi Greg
This Q&A above should assist:
Question: When electing the committee, how is voting counted? Is the vote decided based upon lot entitlements?
Hi
Our complex is formed of 3 buildings with a percentage of owner occupiers and the rest holiday letting properties.
For the holiday properties we have a hospitality company, that have a management agreement, based at the reception of our main building.
The CEO of this particular company, which is not a lot owner by the way, gets elected every year to the council of owners, uses the ‘proxy’s’ from properties his business manage in our complex, to run the show from decision making in all aspects including financials. Every time the lot owners try to vote for something, he comes using the proxy’s he allegedly say he represent and we get absolutely nothing done that is in the interest of our complex, every decision goes to favour his hospitality business.
My questions are
Can a person that isn’t a lot owner hold proxy’s and vote on the behalf of other owners?
Can this person be on the council of owners when he does not own a lot?
Any suggestions on how can we stop the conflict of interest and also the corruption?
Hi Derek
We will get back to you with more information directly relating to your question, but you may find tomorrow’s free WA webinar helpful: WA: Antisocial behaviour in strata. You can find out more and register for the session here.
Hi Derek
Luke Downie from Realmark Strata has provided a response within this article: WA: Q&A Proxy Voting and the Resolution Without Dissent
At our AGM it was voted to have 7 members of council. My understanding is that we then need a quorum of 4. At the last council meeting only three council members were present in person but they all had proxies of the other members to make up a quorum. Can they do this. My issue is that only 3 council members were present in person and making decisions. I am concerned about lack of governance as we have a major project happening in our building.
Can joint owners of a lot form part of the Council of owners if it is agreed that they still only retain a single vote?
Hi Kim
Andrew Chambers, Chambers Franklyn Strata Management has responded to your question in the article above.
Can a poll vote be called for an election
It seems that when a council member resigns soon after the AGM at which she is appointed, there is a ‘casual vacancy’ and a new member of the council can be appointed by the existing other members.
I am wondering whether council members are required to choose the new member from amongst those who may have nominated but not been selected in the ballot at the AGM, or can they choose any owner?
Reply
AvatarAbode Strata (@AbodeStrata) says
September 24, 2019 at 9:52 am
Hi Dan, you are absolutely correct!
I refer to the above emails posted on your site.. I would like to clarify your comment “you are absolutely correct”. Can they choose ANY owner or just from those who had nominated at the recent AGM? I have a situation whereby the existing committee managed to be re-elected but two elderly members resigned the following Monday and the chairman replaced them with other owners but NOT with any of the four owners who had put their name forward at the AGM. Seems crooked to me. I would welcome your clarification. Thank you.
Hi Sara,
We have answered your question in the article above.
I’ve been told that a ballot is invalid unless a vote is cast for as many positions as has been agreed to exist. The following does not indicate that this is required ie I have to list every candidates name on the ballot but am not obligated to vote for as many positions ienot forced to b ote for people I don’t want to elect. Is this true?
A person who is entitled to vote shall complete a valid ballot-paper by —
writing thereon the names of candidates, equal in number to the number of members of the council so that no name is repeated; and
indicating thereon the number of each lot in respect of which his vote is cast and whether he so votes as proprietor or first mortgagee of each such lot or as proxy of the proprietor or first mortgagee; and
signing the ballot-paper; and
returning it to the chairman.
Strata companies are supposed to be managed by democratically elected representatives who act reasonably in the best interests of all owners. To often the conduct of council members (and the strata managers) warrants criticism and they respond by using their power to obstruct ownerd who seek to inspect strata records, publicly villify their critics and collude to prevent them becoming elected.. Owners who nominate themselves for election without any intention to serve corrupt the democratic process. Those that are enabled to appoint persons who weren’t nominated are clearly using their power to further their own interests.
Councils are obligated to comply with the directions of the strata company. Consider proposing a motiion for inclusion on the agenda of a general meeting, eg “the council is directed to fill casual vacancies by sequentially appointing owners who were nominated for election at the AGM according to the votes cast.”
Can the names of the candidates that s are nominated for election be listed on a board for the owners to refer or would this give an advantage as to the names at the top of the list.
Shane White from Strata Title Consult has replied to this question in the article above.
Hello. Thank you for this information page Could you please tell me. Am I able to vote for a person who owns a unit in the strata but reside overseas. Can I vote them into a position on the committee. In Western Australia. Thanks. Tina
Hi Tina
A couple of aspects apply to your question here.
1) to be eligible to be voted onto a Council of Owners (committee) the person must be an Owner* and should nominate (or be nominated) preferably using the form provided with the notice of AGM.
2) The number of Owners on the Council will be determined before voting (minimum 3, maximum 7) so if there are more nominations than places then a ballot is held to determine which owners are the elected members.
3) At the first meeting of the Council (often immediately following the AGM), office bearers – Chair (essential under the legislation), Treasurer and Secretary elected by the council members (not the general owners at the meeting). All members whether elected as an office bearer or not are essential to the Council and should always be invited to meetings and invited to participate where comment and decisions are to be made.
On this basis, there is no exclusion related to where an Owner resides.
* When nominating yourself, remember that co-owners of the lot (if owned in more than one name) must each agree to nominate one of the lot owners as a member.
Hope this helps.
It seems that when a council member resigns soon after the AGM at which she is appointed, there is a ‘casual vacancy’ and a new member of the council can be appointed by the existing other members.
I am wondering whether council members are required to choose the new member from amongst those who may have nominated but not been selected in the ballot at the AGM, or can they choose any owner?
The council can fill a casual vacancy with anyone or leave it vacant.
Hi Dan, you are absolutely correct!
In WA, do council members need to be financial in order to vote at Council of Owner meetings? Is the requirement of being financial to vote only applies to general meetings (other than on a motion proposing unanimous or resolution without dissent)?
Hi Dan
The “blank paper” is a ballot form…. it may have the Strata Plan number, date of the meeting, and lines, and even instructions on what to do….the purpose of being “blank” really just means that no candidate is listed.
There might be 7 blank lines and the ballot will require the voter to write in the names of the candidates to the maximum number to be elected.
EG. If the council is to have 5 members then names of five candidates must be written (even if there are more than 5 candidates) and no candidate’s name should be repeated.
A valid ballot form will have a place for the lot number for which the vote is being cast, and whether that person is voting as an owner, proxy for owner, or whatever the capacity.
This process is spelled out more clearly in the STAA Sch.1 By-law 5, which will be law soon.
What is meant by “blank paper” in regard to ballot paper?
Does it mean no lines, no wordings? For example, you cannot have the Strata Plan number and date printed on the ballot paper?