@Whoopi said:
1. Is the five percent calculated on the whole of the Entitlements of a Strata Plan or just 5% of the people who bothered to vote? Big difference
The five per cent is based on the number of lots, rounded down to the nearest whole number.
2. Does the 5% include you own entitlements or on top off and as well as your own entitlement.
The 5% is additional to your own vote. However, to be clear, it is not calculated on unit entitlements (unless there is a poll vote at the meeting). You don’t go in with an additional 5% of UEs. You can carry proxies provided by other owners up to a maximum of 5% of the number of lots.
3. When and who should be calculating them. Who is responsible?
The secretary and/or the strata manager, and they should be checked at the beginning of the meeting. A well-run scheme will have a registration period before the meeting to facilitate this.
4. How is this then advertised to the owners?
Advertised? It should be part of the minutes of the meeting – which obviously come out after the meeting.
5. How much % can a non owner carry?
Same as anyone else – up to a maximum of 5%
6. What happens to proxies given to people who don’t show up to meetings?
They are lost. But any prior proxy vote would be superseded by a new proxy given to someone else or by the owner turning up at the meeting and voting themselves.
7. If you give your proxy to the chairman ( strata manager) and clearly state your wishes and he abstains is that legal?
Not very. And if the vote would have made a difference to the outcome, it can be challenged at NCAT,
Our Strata guy is counting hands at meetings whether one has 5 lots or one lot.
Your “strata guy” being who? Your strata manager or secretary? My scheme issues a voting slip – a piece of A4 coloured paper for every lot and proxy so that when they take a show of hands multiple votes can be seen and counted