Decisions decided upon by 3 out of 8

JimmyT said:

This raises another question – the meeting may have  been quorate with proxies included but what about non-financial members?  I know they can't vote at General Meetings but what about the EC? 

Wouldn't it be weird if an non-financial owner was not allowed to vote as an EC member when a non-owner who is on the EC does not have to worry about such matters.

I can't recall anything specific in the Act about the need for an EC member to be remain financial to vote on matters at EC meetings.
We have had, over time, EC's made up of owners, both financial and non financial, with a smooth blend of non owners thrown into the mix.

What is majority? said:

Hi all, our Executive Committee has 8 members in a strata of 27 owners.

Do we need 4 OR 5 votes out of 8 in order to achieve a 'majority' vote so that we can act on issues?

With the chairman being unable to give a casting vote, does that mean that if we have 4 votes out of 8 with one of the vote belonging to the chairman, then we can't proceed? That we can only go ahead if we have 5 votes out of 8 if it includes the chairman's vote?

Sorry if it sounds confusing.

Dear Guest

Good question.  You need a quorum of Executive Committee members to convene a meeting.  A quorum is one half of the members (so 4 in your case) – see clause 9 of Schedule 3 to the Strata Schemes Management Act 1996 (the Act).  The quorum requires a majority vote in order to pass a resolution.  This means 51 per cent of those present. (see clause 11 of the Act). 

So, lets say all 8 members are at the meeting.  The Executive Committee requires 5 votes to pass a resolution.  The Chairperson only has one vote and not a casting vote (unless he is a substitute for another member who is absent, then he will have two votes).

Even if you have the bare quorum (4 members), the Executive Committee will require 3 votes to pass a resolution.  

Each member has 1 vote.  Poll votes do not apply at EC meetings.

Loraine Booth

What is majority? – My understanding is that in an EC, it is one vote per member (including all office bearers), there is no casting vote. So if you had an EC of 8, and there was a meeting with just 4 present, the 3 votes could come from any of those four present, which yes could be the Chair + Secretary + Treasurer (if they were three of the four present).

A “casting” vote is an additional vote given to the chair (or NOT, in this case) when a vote is tied (and only when a vote is tied).

A normal vote by the chair is not a casting vote, even if it tips the balance one way or the other.

I strongly suggest that at your next AGM you either lose a seat or gain one.  Even numbers lead to all sorts of unfortunate things like … um … compromises.

But seriously, ask any strata manager and they'll tell you even numbers on ECs are a nightmare.

Absolutely right, Random! Have a look at what I said:

A “casting” vote is an additional vote given to the chair (or NOT, in this case) when a vote is tied (and only when a vote is tied).

I'm talking generalities about a casting vote under other circumstances, hence the use of the words “NOT in this case”.

What Is Majority was under the impression that if the chair cast a deciding vote, that was a casting vote.  Which it isn't.

So yes, you're right, under Strata law in NSW it's one committee member one vote (proxies aside). I don't disagree with that at all.

But there are committees in other areas of life that do have casting votes.  That's why I was trying to explain the difference to W.I.M.