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  • #59116
    WoodWalker
    Flatchatter

      Can a vote be decided by a Poll (rather than a Vote) in an Executive Committee meeting in the ACT.

      Thanks in advance,

      WoodWalker

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    • #59122
      Jimmy-T
      Keymaster

        Although I can’t find this spelled out anywhere, it’s pretty clear that poll voting is not permitted at executive committee meetings in the ACT (or anywhere else for that matter).

        This is what Schedule 2 of the Unit Titles legislation says:

        2.10 Voting of executive committee
        (1) At meetings of an executive committee, all matters must be decided by a majority of the votes of the executive members present and voting.
        (2) If an executive committee has only 2 members, all matters must be decided by unanimous vote.

        The clue is in the second section. If poll votes were allowed, then they would be the deciding factor in committees with only two members

        Also, further on, Schedule 2 refers to the chair having the deciding vote in cases when there is a tied vote.  Again, there is no mention of poll voting.

        It’s one committee member, one vote – as it should be and is everywhere else in Australia.

        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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