WA: What happens when council nominations exceed the 7 available spots?

Question: What is the correct ballot process when electronic council nominations exceed the 7 available positions?

Our strata manager, with the approval of the council, introduced electronic voting for our AGM last year. However, although there was an option to self-nominate electronically for council, there was no opportunity given to vote for candidates should the number of nominees exceed 7 and thereby require a ballot, which it did.

What is the correct process, particularly in relation to how a ballot should be conducted electronically under the Strata Titles Act 1985 (the Act)?

Answer: Electronic nominations don’t remove the need for a ballot. When nominations exceed the available positions, your by-laws should set out the required process at the AGM.

Generally, your scheme’s by-laws will set out the process that must be followed if, at the AGM, the number of candidates nominated for council exceeds the number of available council positions. For schemes that are subject to the Schedule 1 by-laws in the Act, this process is prescribed by By-law 5 (By-Law 5).

Under By-Law 5, if the number of candidates exceeds the number of council positions available, the chairperson must:

1. announce the names of all candidates; and
2. provide a ballot form to each person entitled to vote who is present in person or by proxy (a separate ballot form must be provided for each lot in respect of which they are entitled to vote).

To complete a valid ballot form, each eligible voter must:

1. write the names of the candidates they wish to vote for. The number of names must be equal to the number of council positions to be filled;
2. record the lot number in respect of which the vote is being cast and indicate whether they are voting as an owner, first mortgagee, or as the proxy of an owner or first mortgagee;
3. sign the ballot form; and
4. return the completed ballot form to the chairperson.

The chairperson (or a person appointed by the chairperson) must then count the votes before declaring the successful candidates.

Ordinarily, it is not known at the time nominations are submitted whether a ballot will be required. As a result, where nominations exceed the number of vacancies, the ballot will generally take place at the AGM after nominations have closed. While electronic nominations may form part of the meeting process, they do not remove the requirement to conduct a ballot where one is required by the applicable by-laws.

If your strata company wishes to continue using electronic voting, it should ensure that the electronic voting platform is capable of facilitating a ballot that complies with the requirements of the Act and any applicable by-laws. If the platform cannot accommodate, it may be capable of being used to submit nominations, with the ballot itself being conducted at the AGM in accordance with the procedure set out in the by-laws.

The above is for general information purposes only and does not constitute legal advice. The requirements that apply to your strata company will depend on specific matters such as its registered by-laws and the particular circumstances of the meeting. If you require advice about the validity of a past election or the process that should be followed for your scheme specifically, you should obtain independent legal advice.

This post appears in the August 2026 edition of The WA Strata Magazine.

Ben Sasson
Vogt Legal
E: bsasson@vogtlegal.com.au