Voting for ECM

JS – the easiest answer is that Sch.3,Cl.2(2) of the NSW Strata Schemes Management Act states that “the executive committee is to consist of such number of members, being not more than 9, as the owners corporation may determine”.

So every eligible person at the General Meeting can if they wish nominate themselves or accept a nomination for membership by another eligible person, with that often (but not compulsorily) being seconded by another eligible person.

Those in attendance at the AGM and entitled to vote then do so for each nominee, usually by a show of hands, so if you don’t wish to support any nominee/s then you need to vote against their election; there’s no point just not raising your hand at all because then your vote “against” won’t be recorded.

If that means that there are less elected members than previously or less than the maximum permitted (9), then so be it!

As for the “9 volunteers”, the elected members may wish to co-opt the support of other eligible people, but those are not members of the Executive Committee and so cannot vote at committee meetings unless they’re doing so as the nominee for an elected member who cannot personally attend a specific meeting.

I’ve referred to “eligible persons” on a few occasions, and FYI that includes:

– an individual who is an owner of a lot,

– a company nominee of a corporation that is an owner, or

– an individual who is not an owner but who is nominated for election by an owner who is not themselves a candidate for election.

– a person who is co-owner of a lot who has been nominated for office by another co-owner of that lot, provided the other co-owner is not themselves a candidate for election as a member.

– an owner of a lot who is not a co-owner of the lot may nominate himself or herself for election as a member of the executive committee.

Hope that response was timely enough!!

JS – yes it is a bit confusing, but if by a “paper vote” you’re referring to a ballot-style paper to elect members of the executive committee (E/C) then as for every other motion on the agenda for a strata general meeting, the outcome is determined by a majority vote (first past the post) and so YES it can in your example be cast for just one (1) person out of all seven (7) nominees listed for E/C vacancies on the ballot.

I don’t wish to confuse your situation any further, but I have to point out that the current Act is silent on the subject of so-called “paper votes” for strata meetings (i.e. for E/C and general meetings), and that’s been interpreted on this forum and elsewhere to mean that there must be a physical meeting at a location advised on the agenda, where those who wish to personally attend can do so and determine a quorum; only then can “paper votes” by absentees other than those submitted by a proxy in the approved form be accepted.

Hope this helps rather than further confuses your situation.

@justsaying said:
Can one person vote on a paper vote for just one person … 7 positions… So one name only on the seven vacancies? Sorry its a bit confusing… Basically…vote seven times for one person.

No, you have one vote for each nominee per vacancy. The smart move would be to organise some cross-voting so that like-minded candidates vote for each other (like the minor parties do at Federal elections).

Paper votes are now required, partly to make sure there is no vote-stacking of the kind you describe.

This is what the current regulation says (my emphasis in bold). 

18 Ballot for executive committee

(1) If a ballot for membership of the executive committee of an owners corporation is required, the chairperson must:

(a) announce to the meeting the name of each candidate and the nominator of the candidate, and

(b) provide each person present and entitled to vote at the meeting with a blank ballot-paper for each vote the person is entitled to cast.

(2) For a vote to be valid, a ballot-paper must be signed by the voter and completed by the voter’s writing on it:

(a) the names of the candidates (without repeating a name) for whom the voter desires to vote, the number of names written being no more than the number determined by the owners corporation as the number of members of the executive committee, and

(b) the capacity in which the voter is exercising a right to vote, whether:

(i) as owner, first mortgagee or covenant chargee of a lot (identifying the lot), or

(ii) as a company nominee, or

(iii) by proxy, and

(c) if the vote is being cast by proxy-the name and capacity of the person who gave the proxy.

(3) The completed ballot-paper must be returned to the chairperson.

(4) Until all places for membership of the executive committee have been filled, the chairperson is to declare elected successively each candidate who has a greater number of votes than all other candidates who have not been elected.

(5) If only one place remains to be filled but there are 2 or more eligible candidates with an equal number of votes, the candidate to fill the place is to be decided by a show of hands of those present and entitled to vote.