Electronic voting by unfinancial strata committee members

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Forums The committee Electronic voting by unfinancial strata committee members

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  • #321367
    Homia
    Member

    During the corona virus crisis, our strata manager put it to the existing strata committee to decide it they want to vote for matters at a strata committee meeting or vote by electronic mail. The strata committee members decided to vote for electronic mail as it was convenient and enabled decisions to be made while social distancing. During the period, it was made aware that some of the strata committee members were unfinancial but their votes via email were still being counted in the decision-making process. This has resulted in several votes made by unfinancial strata committee members changing the outcome of key decisions. When this was made aware to the strata manager, instead of admitting the error, the strata manager said that the votes were still valid as the strata committee decided to vote electronically and there was no strata committee meetings being held. Also, one of the unfinancial committee members is the secretary who is refusing to hold any strata committee meeting has he knows that his vote would not count when voting at a strata committee meeting.

    Based on the above, is the strata manager right in his statement? If not, where can we direct him to confirm his assumption is incorrect? Does the unfinancial committee members have a vote in current and future decisions.

    TIA

    #332641
    Strata Committee
    Member

    Hi Homia,
    our experience in running our own SC meetings (as lay people) means we rely on SSM Act, Schedule 2, Meeting procedures of strata committees.

    With regards to voting rights –

    Clause 9(4) Voting rights cannot be exercised if contributions not paid
    A member of the strata committee is not entitled to vote on any motion put or proposed to be put to the strata committee if the member was, or was nominated as a member by a member who was, an unfinancial owner of a lot in the strata scheme at the date notice of the meeting was given and the amounts owed by the unfinancial owner were not paid before the meeting.

    If the SC are making decisions by way of ‘informal meetings’ then I can’t image how this builds trust and community. I proffer this approach may lead to a rebellion (by non SC members).
    The SSM Act s260 provides a ‘level of protection’ if the SC are acting in ‘good faith’.

    #361927
    Amanda Farmer
    Expert

    +1 to Strata Committee above 🙂

     

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