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  • #49755
    Fromthenorth
    Flatchatter

      Again referring to a vote in a 8 unit strata in Armadale Melbourne.

      How should you handle a unit owner who expresses in an email they abstain from the vote ?

      I believe to abstain is effectively a No.

      So with this abstaining vote, the vote is 5 Yes, 2 No, 1 abstain.

      So we have a majority of 5 out of 8 so the motion is passed.

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    • #49757
      Jimmy-T
      Keymaster

        No, an abstention is a non vote.  The distinction can be significant in a case where the percentage of those voting is critical (as often occurs in NSW).

        For instance, if there are 10 people at a meeting, voting on a special resolution, the law says it can’t pass if more than 25 percent of those voting vote against. If 8 vote yes, two vote no, it passes. If 7 vote yes and three vote no, it fails.  If 7 vote yes and two vote no and 1 abstains, the vote against is 2 out of 9 against, or 22 per cent so the motion passes.

        An abstention is a non vote, not a no vote.

        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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