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Voting by a show of hands
To conduct a vote by a show of hands at an owners corporation (formerly body corporate) meeting:
- the chairperson, secretary or manager will record attendances and may issue an Owners corporation voting card (Word, 33KB) to each lot owner or proxy entitled to vote
- the voting cards will be numbered and valid for that meeting only
- voting cards raised will indicate a vote in favour of a motion unless the meeting resolves otherwise
- a lot owner present in person or by proxy may vote in favour of a motion by raising the voting card
- the secretary will count the raised voting cards. The manager or a committee member may assist
- if the required number of votes is not achieved, the decision will be ‘interim’. A notice of interim ordinary resolutions and minutes of the meeting will be sent to the lot owners. The decision can only be acted on after 29 days if no petition has been received or a special general meeting has been called.
The chairperson has the casting vote if the:
- count is equal
- required votes have been obtained
- chairperson is a lot owner or holds a lot owner’s proxy.
Sample voting instructions – voting by a show of hands
Making your vote:
- You will be given a voting card for each lot you own.
- Voting cards will be issued to each lot owner or proxy entitled to vote.
- The voting cards will be numbered and will be valid for this meeting only.
- You may vote in favour of a motion by raising the voting card/s.
- The secretary will count the voting cards.
- The owners corporation manager or a committee member may assist the secretary to count the voting cards.
Electing a committee
By law, an owners corporation with 13 or more lots must elect a committee at each annual general meeting. A committee is optional for those with less than 13 lots.
The old committee should only stand down when the new committee is elected. The old Chair conducts the election and stands down when the new chair is elected.
For more information about who is eligible for election and the duties of the committee, view our Owners corporation committees page.
Postal ballots
Giving notice of the ballot
A lot owner calling for a ballot must give written notice of the business or proposed motion to the secretary.
The owners corporation secretary must give at least 14 days’ written notice of a ballot.
The notice of a ballot must:
- state the closing date of the ballot
- include a ballot paper with the text of any resolution to be voted on in the ballot
- set out the date that it was sent
- the date upon which it must be received by the secretary
- state that the lot owner has a right to appoint a proxy
- explain how to submit ballot papers
- include a self-addressed envelope for return of voting paper
- state what to do if the ballot papers are incomplete
- provide the secretary’s contact details for returns and any queries about the ballot.
Download the Notice of ballot to committee members (Word, 56KB).
Download the Notice of ballot to lot owners (Word, 56KB).
The ballot
- Only business set out in the notice of ballot will be considered in the ballot.
- A lot owner, or a person holding a proxy or power of attorney of a lot owner, must sign his or her ballot paper. Download our Sample ballot paper (Word, 100KB).
- Voting by ballot must be carried out according to lot entitlements.
- The ballot fails if the owners corporation receives a petition, representing at least 25 per cent of all lot entitlements, to amend the motion or against the motion.
- If at least 50 per cent of the votes or lot entitlements support an ordinary resolution, the resolution is passed.
- If at least 50 per cent of the votes or lot entitlements supported a special resolution, the resolution is passed as an ‘interim decision’. A notice of the interim decision and minutes of the meeting must be sent to lot owners within 14 days. The decision can only be acted on after 29 days if no petition has been received.
Collecting ballot papers
- The secretary must call a meeting of the committee within seven days of the of the ballot closing, to record the outcome of the voting.
- The secretary shall provide a ballot box for receiving the ballot papers.
- Any voting paper received after the closing time of the postal ballot will be informal regardless of the time of posting or the manner of delivery.
Counting ballot papers - ordinary resolution at a meeting or ballot
The committee can decide whether a:
- voting paper or any necessary supporting document has been received before or after the ballot closed
- proxy is valid
- power of attorney has been validly executed or whether the person holding the power of attorney can vote
- company representative has been validly appointed
- certified copy of a power of attorney provides the existence of the power of attorney
- voting paper is formal or informal.
If the required number of votes has not been achieved, the decision will be an ‘interim decision’. A notice of interim ordinary resolutions and minutes of the meeting will be sent to the lot owners.
Download our Sample notice of interim ordinary resolutions (Word, 28KB).
The decision can only be acted on after 29 days if no petition has been received or a special general meeting has been called.
The chairperson has the casting vote if the:
- count is equal and
- required votes have been obtained
- chairperson is a lot owner or proxy of a lot owner.
Counting of ballot papers - special resolution at a meeting or ballot
The committee has the power to make the same decisions as it can for an ordinary resolution.
A special resolution:
- succeeds if 75 per cent of votes or lot entitlements are in favour of the motion
- fails if 50 per cent of votes or lot entitlements are against the motion
- is an interim special resolution if 50 per cent of votes or lot entitlements are in favour of the motion.
A notice of interim special resolution and minutes of the meeting must be sent to lot owners within 14 days of the ballot closing. The decision can only be acted on after 29 days if no petition has been received.
Download our Sample notice of interim special resolution (Word, 23KB).
The special resolution fails if the secretary receives, within 29 days of the ballot closing, a petition from lot owners holding more than 25 per cent of the total votes for all the lots affected by the owners corporation.
Voting instructions - written ballot by facsimile or email
How to vote:
- complete the voting paper ‘yes’ or ‘no’ in the box
- sign the voting paper
- attach any relevant document such as the completed proxy form, certified copy of the power of attorney or appointment of an authorised company representative
- by closing time of the postal ballot:
- fax the completed voting paper and relevant documents to the secretary, or
- scan and email the completed voting paper and relevant documents to the secretary
- any voting paper received by the secretary after the closing time of the postal ballot will be informal regardless of the time of posting or manner of delivery.
Download the Ballot instructions - owners corporations (Word, 313KB).
Electronic voting - circulating resolution
A ‘circulating resolution’ is a document containing a resolution and sent to members by facsimile or electronic transmission (including email).
A circulating resolution is passed:
- at a meeting - a majority of members sign a circulating resolution stating they are in favour of the resolution; or
- by ballot - a majority of members sign a circulating resolution stating they are in favour of the resolution.
A circulating resolution is deemed to have passed on the day and time when the document was signed by the member whose signature achieves a majority. Every resolution passed must be entered in the minutes of the next meeting as soon as practicable.
Last updated: 26/04/2012