Question: Can the partner of a council of owners chairperson be authorised to approve invoices when they are not an owner?
How can the partner of our council of owners chairperson be an external approver of invoices when our bylaws clearly state one vote per lot owner? Despite the partner having no voting rights, both the chairperson and their partner have approval rights. How does that work?
Answer: Invoice approval is an administrative function, not a vote, so a non-owner can be involved if formally authorised by the council of owners.
Under the Strata Titles Act 1985 (the Act) (WA) (as amended), voting rights and operational functions within a strata company are distinct matters. The Standard Schedule 1 bylaw 14, prior to the 2018 amendment to the Act, provided for votes of proprietors; the Act, as amended in 2018, deleted Schedule 1 Bylaw 14. Now, section 120 of the Act provides that the owner of each lot is entitled to 1 vote on the proposed resolution of the strata company. The “one vote per lot” applies to decision-making at general meetings or outside meeting resolutions of the strata company. That provision governs how lot owners vote on motions and does not extend to administrative or day-to-day functions such as invoice approval.
Invoice approval is not, in itself, a “vote” under the Act. Instead, it is an administrative or financial control process that the strata company typically delegates to the council of owners. The council may, in turn, establish procedures for authorising payments (for example, requiring two approvers). The Act does not expressly prohibit non-owners from being involved in administrative functions, provided they are properly authorised by the council.
However, there are important governance considerations:
- Only elected council members have formal decision-making authority under the Act.
- If a non-owner (such as the chairperson’s partner) has been given approval authority, this must come from a properly documented council decision or delegation.
- Caution should be exercised in transferring or informally extending council functions to non-owners, as this can undermine accountability, create ambiguity around authority, and increase the risk of conflicts of interest.
- The arrangement should be transparent, minuted, and consistent with any by-laws or conflict of interest obligations.
- If the chairperson is involved in appointing their partner to a financial control role, this may raise concerns about conflicts of interest and good governance, even if not strictly prohibited.
In summary, while the “one vote per lot owner” rule is not directly breached by an administrative approval role, the key question is whether the council of owners has formally authorised this arrangement and whether it meets standards of transparency and proper governance under the Act.
If this has not been clearly resolved or documented, it’s reasonable to request clarification from the council and ask that the authority for invoice approvals be formally minuted and reviewed.
The above information is general in nature and should not be considered legal advice. As we are not familiar with the specific circumstances of the strata scheme, including the registered strata plan and by-laws, you may wish to seek independent legal advice.
This post appears in the June 2026 edition of The WA Strata Magazine.
Marietta Metzger
magixstrata
E: marietta@magixstrata.com.au
P: 08 6559 7498
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