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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.
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