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Topic
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Some elderly folk in our strata want to participate in annual and general meetings, but find it hard to do so.
In passing, one suggested that a voting paper be attached to any agenda and that it could be completed and
emailed or posted back to the Secretary or managing agent in time to be counted at a meeting.I have a few queries:
1. Apart from NSW STRATA SCHEMES MANAGEMENT REGULATION 2016 – Reg 14 and Reg 15, are there any other regulations or sections of the NSW SSMA that addresses this matter?
2. Are there any matters that cannot be voted on pre-meeting?
3. If an owner asked to have this motion listed on the agenda for say the AGM, is this considered a:
General Resolution
Special Resolution or
Unanimous Resolution?
Thanks.
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Replies
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1. Apart from NSW STRATA SCHEMES MANAGEMENT REGULATION 2016 – Reg 14 and Reg 15, are there any other regulations or sections of the NSW SSMA that addresses this matter?
I don’t think so apart from the usual restrictions on people not being able to vote if they haven’t paid their levies before the meeting
2. Are there any matters that cannot be voted on pre-meeting?
Not that I’m aware of but it’s hard to vote for committee members if they haven’t been nominated in the agenda.
3. If an owner asked to have this motion listed on the agenda for say the AGM, is this considered a:
General Resolution, Special Resolution or Unanimous Resolution?It’s a general resolution. See Schedule 3 of the Act for more information.
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.
Schedule 1 clause 28 says that voting is only permitted in person or by proxy.
Any other form of voting requires a motion at a prior general meeting to be passed. Once that motion is passed, then that form of vote is permitted until changed.
You would think that paper votes or email votes would be normally allowed, but that’s not the default.
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