#41231
Jimmy-T
Keymaster

    David Ng said:

    With our AGM nearly due are they allowed to vote on resolutions?

    I assume by “they” you mean the new owners.  Generally, people become members of the owners corporation as soon as their names are added to the strata roll.

    But the legal definition of an owner is containe in the Subdivisions Act of 1988 where “owner” means—

            (a)     for land under the Transfer of Land Act 1958(other than land in an identified folio under that Act), the registered proprietor of the fee simple in the land, or a person who is empowered by or under an Act to execute a transfer of the land;

    (b)     for land in an identified folio under the Transfer of Land Act 1958 or land not under the Transfer of Land Act 1958, a person who has an estate in fee simple in the land (except a mortgagee), or is empowered by or under an Act to convey an estate in fee simple in the land;

    None of which is at all helpful.  Basically, if any of the new owners wants to vote, they’ll have to have their name included on the strata scheme’s Register before the meeting.  That would normally be done by the secretary or strata manager if you have one and, I assume, would require proof of ownership or perhaps appointment as a power of attorney for the deceased estate.

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