Tuesday, May 24, 2022

Strata Schemes Management Regulation 2016

Part 2
Clause 10

Ballot for strata committee | Clause 10

(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.

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

(5)  Until all places for membership of the strata 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.

(6)  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.

(7)  Subclause (6) is subject to a resolution referred to in clause 14 (1) (a).

© State of New South Wales Department of Customer Service. For current information go to www.nsw.gov.au.

Disclaimer: Reproduced from the Strata Schemes Management Act 2015 . This website does not give legal advice or other professional advice. You should seek legal or other professional advice before acting and not rely on any of the content on this website.

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