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I am the chairman of a 5 unit strata in NSW. We currently have an issue up for vote.
The Department of Fair Trading states “Chairperson does not have a deciding vote under any circumstances”.
If the other owners vote 2 for and 2 against (which is likely), how do we break this deadlock?
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The Department of Fair Trading states “Chairperson does not have a deciding vote under any circumstances”.
I think this is badly worded (which is not that unusual with Fair Trading). Your vote still counts towards a simple majority. I believe what this is referring to is an additional vote to break a deadlock, as exists in Victoria and elsewhere.
In fact Section 8(3) of Schedule 2 of the strata Act says this:
The chairperson does not have a casting vote in relation to any motion but may vote in his or her own right if otherwise entitled.
The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.
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