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[Trevor]

Act Schedule 1 Clause 28(1) Does this clause preclude a Strata committee from authorising pre-meeting electronic/Email voting ?

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[Jimmy-T]

Nope.  S.28 says right at the top: “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.

It goes on to say the regulations can allow for those “other specified means”. And you will find the details here in Section 14 of the Regs.

So the committee can’t do this on its own, but you could have a motion right at the start of your next general meeting to allow electronic voting, which will be entirely kosher if the majority attending the meeting in person or by proxy agrees.

You might then alert people to the opportunity to vote electronically or in advance in writing.

 

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[Trevor]

Re SC powers to unilaterally authorise electronic voting,  given Reg 14 can deal with the voting means but not the authorisation process. Thank you for your operative words:

“The Committee cannot do this on its own”

There are objections to electronics for a General Meeting because the SC wants to push through doubtful massive expenditure by the mushroom treatment of Owners.

Few will bother to respond electronically and will not attend because of the virus, which means the SC can rig a majority.

What can we do in a Scheme with 70 residential lots — 40% absentee owners ?

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