Question: Can a poll vote be written on a motion to be submitted on the agenda for the AGM or is it required to be submitted orally or in writing at the meeting.
Answer: A ‘demand that a vote be counted by the number of unit entitlements of the lots for which votes are cast’ can be made.
Since the amendments to the Strata Titles Act 1985 that came into effect on 1st May 2020, the term ‘poll vote’ isn’t actually a defined term anymore. (Section 122)(3) of the amended Strata Titles Act 1985 now applies whereby ‘a demand that a vote be counted by the number of unit entitlements of the lots for which votes are cast’ can be made.
If the vote is being taken at a general meeting, then a demand for a count by the number of unit entitlements of the lots can be made either orally or in writing before the motion is put to the vote (i.e. a demand cannot be made after voting starts).
If the vote is being taken outside a general meeting pursuant to (Section 120(8)(b) and Regulation 89 of the Strata Titles General Regulations 2019) then a demand for a count by the number of unit entitlements of the lots can occur when the votes are being cast.
A demand for a vote counted by the number of unit entitlements may only be withdrawn by the person/s who made the demand.
It should also be noted that Section 135(3) of the Strata Titles Act 1985 applies if a demand for a count by the number of unit entitlements is made during an election of the Council of Owners.
It should also be noted that ‘a demand that a vote be counted by the number of unit entitlements’ is not a secret vote – the meeting chairperson will usually declare the number of unit entitlements of the respective lots entitled to vote before the motion is voted upon, and will usually mention the votes cast when declaring the result of the voting.
This post appears in Strata News #569.
Andrew Chambers
Chambers Franklyn Strata Management
E: andrew@chambersfranklyn.com.au
P: 08 9200 4200
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