› Flat Chat Strata Forum › Strata Committees › Voting Procedure for new strata cttee at AGM › Current Page
@hammer66 said:
The chair did have a proxy for the absent nominee. However, other attendees holding proxies were not given the opportunity to vote. Should they have been?
Absolutely – and now you need to move fairly quickly.
If they were denied the opportunity to vote their proxies and those proxies would have made a difference, then you can have the election nullified under Section 24 of the Act (below).
The reason I say you need to move quickly is that Section 25 of the Act deals with denial of the right to vote and it puts a 28 day limit on the claim.
A smart lawyer would say that this is a Section 25 matter and therefore a time limit is valid. The easiest way to get round that is to make your claim ASAP.
If what you say is correct, your owners have been duped by the chairman who accepted his own proxies and no one else’s.
That’s a clear case of denial of the right to vote – even if it was just by rushing the process – and the election should be overturned and run again.
It’s also a clear motivation for getting rid of your chairman at the first opportunity.
(1) The Tribunal may, on application by an owner or first mortgagee of a lot in a strata scheme, make an order invalidating any resolution of, or election held by, the persons present at a meeting of the owners corporation if the Tribunal considers that the provisions of this Act or the regulations have not been complied with in relation to the meeting.
(3) The Tribunal may refuse to make an order under this section only if it considers:
(a) that the failure to comply with the provisions of this Act or the regulations, or of the Strata Schemes Development Act 2015, did not adversely affect any person, and
(b) that compliance with the provisions would not have resulted in a failure to pass the resolution or affected the result of the election.