WA: Can an owner request access to AGM ballot papers from a council of owners election?

Question: Can an owner request access to ballot papers from an AGM election for the council of owners, or must they remain confidential?

At our AGM, we received eight nominations for seven council of owner positions, so voting was put to a ballot. The unelected owner demanded to view the ballot papers. Is this permissible? Should ballots remain private and confidential, and should anyone other than the presiding persons have access to them?

The Strata Titles Act 1985 allows an eligible person to apply to a strata company to access its information, including records and correspondence. While the Act makes a substantial amount of information available, does it include ballot votes?

Answer: Ballot papers must be retained for 7 years and may be inspected, but redacting voter details could resolve privacy concerns while maintaining transparency.

Under the standard Schedule 1 Governance by-laws, a ballot on the election of council is required when the number of nominated candidates exceeds the number of positions determined to form council. For a ballot to be valid, the person entitled to vote must write the names of the candidates they are voting for equal to the number of positions, list the lot they are voting for and their capacity for voting (proxy, mortgagee, owner), sign the ballot, and return it to the chairperson of the meeting.

The ballot papers form part of the records of the strata company and must be retained for the required period (7 years). A person with a proper interest can make an application to inspect the strata company records in accordance with section 107(1)(b). A strata company may withhold a document from inspection should it be determined that the document is subject to legal professional privilege. As to whether a ballot paper could constitute such privilege, legal advice should be sought.

If lot owners are concerned about who voted for whom, consider providing the ballot papers with the voter details redacted. Perhaps this might be a solution all parties are happy with.

Luke Downie
Realmark
E: ldownie@realmark.com.au
P: 08 9328 0999