If you live in a strata scheme, you know all too well how hard it can be to find the right answers to strata-related issues. There are so many rules and regulations to wade through, and legislation is often updated and amended. This can make it difficult to understand which rules apply and how they apply to your specific situation.
Tim Sara, our Associate Director of Client Management, is no stranger to these types of enquiries. With over a decade of experience delivering excellent strata management services and a reputation across the industry as a thought leader and an expert in all things strata, he’s able to provide clarity for those struggling with tough questions. Here’s what he had to say in response to a question regarding voting via video conference in a recent Q&A with LookUpStrata.
Q: Can the owners corporation conduct voting on motions and the election of the strata committee in a Zoom meeting? How are votes recorded?
In NSW, can voting on motions and the election of the strata committee be conducted via a Zoom (video call) meeting? A verbal yes or no system was used.
If this is a valid voting method, should each lot owner’s vote be recorded as part of the plan’s strata records?
A: Voting can be done in a meeting held via video conference, by way of verbal, visual (show of hands) or written (e.g. in a chat function) communication.
Process for voting on the election of a strata committee during a meeting held by video conference
The procedure for the election of a strata committee is set out step-by-step in clause 9 of the Strata Schemes Management Regulations 2016 (NSW) (‘the Regulations’):
1. At a meeting of an owners corporation at which the strata committee is to be elected, the chairperson must—
a) announce the names of the candidates already nominated in writing for election to the strata committee, and
b) call for any oral nominations of candidates eligible for election to the strata committee.
2. A written or oral nomination made for the purposes of the election is ineffective if it is made by a person other than the nominee unless it is supported by the consent of the nominee given—
a) in writing, if the nominee is not present at the meeting, or
b) orally, if the nominee is present at the meeting.
3. After the chairperson declares that nominations have closed, the owners corporation is to decide, in accordance with the Act, the number of members of the strata committee.
4. If the number of candidates—
a) is the same as, or fewer than, the number of members of the strata committee decided on—those candidates are to be declared by the chairperson to be, and are taken to have been, elected as the strata committee, or
b) is greater than the number so decided on—a ballot is to be held.
All of these steps can be achieved during a meeting held via video conference, by way of verbal, visual (show of hands) or written (e.g. in a chat function) communication.
If a ballot is required, we look to clause 10 of the Regulations for the procedure to follow:
1. This clause applies to the election of a strata committee for a strata scheme comprising more than 2 lots.
2. If a ballot for membership of the strata committee of an owners corporation is required, the person presiding at the meeting of the owners corporation must—
a) announce to the meeting the name of each 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.
3. 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 strata 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.
This can be tricky to navigate during a meeting by video conference in terms of providing and receiving ballot papers, for example:
— In clause 10(2), the attendees must be given a ballot paper – this could be emailed to them, or the attendees could be given a link to a website with a form to complete.
— In clause 10(3), where the attendees must sign the ballot paper – the form would need to have the ability for the person to sign it.
Without these parts being satisfied, the ballot papers could arguably be deemed invalid.
This can be easily overcome with a proper digital ballot paper designed to meet the requirements of the law.
Our Strata Management Team prides themselves on their attention to detail and knowledge of strata legislation, which allows them to achieve the best possible outcomes for their clients. They are committed to remaining at the forefront of the industry, building their expertise, and finding new ways to add value to the communities they manage.
If you want your strata scheme managed by an effective and responsive team that specialises in creating thriving communities, contact us today for your FREE quote.