WA: Section 122 Explained: Demanding and Withdrawing a Unit Entitlement Vote

Question: Can you explain Section 122 of the Act which states that a voting member can demand a vote be counted by unit entitlement before the resolution is put to the vote.

Section 122 of the strata titles act states that a voting member can demand a vote be counted by unit entitlement before the resolution is put to the vote. It also states that the demand can only be withdrawn by the person making the demand. Does the withdrawal also have to occur before the resolution is put to the vote, or can the demand be withdrawn during or after? The wording is not clear.

Answer: When the motion is about to be put to the vote, an owner or their proxy can request that the vote be counted by the Unit Entitlements before the request is made by the chairman for a show of hands for a majority vote.

To explain this one clearly, I have included that part of section 122 which applies to a “poll vote”. Section 122 (1)(2)(3) Counting of Votes – Ordinary Resolution

122. Counting of votes

1. Votes are to be counted (and recorded) as follows —
   
   1. for a unanimous resolution or a resolution without dissent, the votes must be counted by the number of votes cast;
   2. for a special resolution, the votes must be counted both by the number of votes cast and by the number of unit entitlements of the lots for which votes are cast;
   3. for an ordinary resolution, the votes must be counted by the number of votes cast unless any person entitled to cast a vote demands that they be counted by the number of unit entitlements of the lots for which votes are cast, in which case, they must be counted in that manner.

2. A demand that a vote be counted by the number of unit entitlements of the lots for which votes are cast can be made —
   1. if the vote is being taken at a general meeting, orally or in writing before the resolution is put to the vote; and
   2. if the vote is being taken outside of a general meeting, when the vote is cast.

3. Such a demand may only be withdrawn by the person who made the demand.

When the motion is about to be put to the vote, an owner or their proxy can request that the vote be counted by the Unit Entitlements before the request is made by the chairman for a show of hands for a majority vote.

• The demand for a poll vote can only be withdrawn by the person who made the demand.
• It is important to note that once the call for a show of hands is made and the vote commences, the option to have a poll vote lapses.
  (“before the resolution is put to the vote“)
• A call for a poll vote can be withdrawn before the voting commences otherwise the voting procedure for a poll vote would have to be followed.

This post appears in Strata News #548.

Shane White
Strata Title Consult
E: shane.white@stratatitleconsult.com.au