Question: A lot owner couple in our strata own seven of the 21 units between them. When voting for positions on the Council of Owners, do they get seven votes? When the vote is based on unit entitlement, is the entitlement for each unit used in the vote?
Answer: The couple would be entitled to a vote for each lot they own excluding any of their lots that are not financial.
This couple would be entitled to a vote for each lot they own excluding any of their lots that are not financial (unless the vote is on a unanimous resolution or resolution without dissent- Section 120. This is unless any first mortgagee decided to vote as their voting right would take precedence. This includes a vote for the election of council of owners.
If the number of nominees to the council equals the number of positions then no vote is required and the nominees are automatically elected. If the number of nominees exceeds positions, then a ballot is held. The chairman must then provide a blank form to each person entitled to vote for use as a ballot form. A correct ballot form must contain the names of candidates in which the person is voting for equal to the number of available positions for the council.
It is important to note that if the lots are in both their names, they must have a proxy in place appointing one of them to represent the lot at a general meeting, even if they are both in attendance.
Equally, if a demand has been made that the vote is counted by the number of unit entitlements, the couple’s unit entitlements for each lot under ownership that are entitled to vote would be taken into consideration section 122(2).
This post appears in the December 2022 edition of The WA Strata Magazine.
Luke Downie
WA Strata Consultant
E: Email
P: 0456 589 639
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