Question: Is the right to vote dependent solely on levy arrears, or what other charges can disqualify an owner from eligibility to vote?
In WA, what disqualifies an owner from voting at a general meeting? Levy arrears are a given, but what about utility charges for an embedded system charged out via the strata managers?
In essence, is the right to vote dependent solely on levy arrears? If not, what other charges can disqualify an owner from eligibility to vote?
Answer: If a lot owner has any amount owing, they are not entitled to vote.
Section 120 (1) of the Strata Titles Act 1985notes that:
The owner of each lot in a strata titles scheme is entitled to 1 vote on a proposed resolution of the strata company.
Section 120 (2)(b) notes:
However, the owner of a lot is not entitled to cast the vote attached to the lot if —
- there is an outstanding amount recoverable under this Act owed to the strata company by the owner of the lot.
As you can see, the Act notes a ‘outstanding amount’, rather than the term levy contributions. If a lot owner has any amount owing, they are not entitled to vote. This includes accounts and special levies.
This post appears in Strata News #750.
Jamie Horner Empire Estate Agents E: JHorner@empireestateagents.com P: (08) 9262 0400