#20433
Lady Penelope
Flatchatter

    To clarify the confusion regarding the situation of electronic voting for general committee positions (and/or specific committee positions)  the OC could adopt a Motion requiring that owners are nominated and seconded for committee membership (or specific positions within the committee) prior to the AGM and these nominations are included on the Agenda of the AGM, and that no nominations can be accepted from the floor of the meeting.

    The Act states: “A nomination may be made at any time before the election is held and may be made at the meeting.”

    Note the word ‘may’ rather than ‘must’. ‘May’ means that this is optional.

    An electronic voting form would then be attached to each AGM Agenda and would be required to be returned prior to the meeting time.

    This allows people the choice to either attend the meeting in person and vote, or vote electronically. This is very common in QLD.

    Electronic voting frees people up from having to give their proxies to someone else if they cannot attend the AGM, and allows people to vote without fear of pressure or persecution.

    This is clearly permitted in the Act.

    Schedule 1 Meeting procedures of owners corporation

    Division 3 Manner of voting

    28   Manner of voting

    (1)  A vote at a meeting by a person entitled to vote or by a proxy must be cast in person unless the owners corporation, by resolution passed at a general meeting, determines that a vote may be cast by some other specified means.

    (2)  The regulations may make provision for or with respect to the following:

    (a)  the means of voting (other than in person) that may be adopted by an owners corporation,

    (b)  without limiting paragraph (a), procedures for voting by those means,

    (c)  prohibiting or requiring the use of specified means of voting.