#84065
Bristte
Flatchatter

    If you do a search then in late 2024 I asked a similar question in relation to another B-class development in the ACT.  I think the end point was that there was a fairly obvious “interest” when an owner votes on their own proposal affecting their own unit, but it wasn’t clear that if was a conflict of interest.  It seemed odd to me that an owner would be deprived of a vote as an owner on their own proposal.

    My post was in relation to an AGM, and in that case my recollection was that the Act didn’t provide any guidance about how a conflict of interest was to be managed.  My further recollection is that the Act didn’t provide any commentary at all about conflicts of interest at the EC level.

    The ACAT case was about a genuine conflict of interest, where someone voting stood to profit in a monetary sense from the vote.  As I think Jimmy said, that seems to be a completely different situation.  The ACAT decision seems eminently sensible to me.

    I wonder if there’s more in Guide to ACT Strata Law by Kerin Benson Laywers.