Monday, September 28, 2020

Strata Schemes Management Regulation 2016

Part 2
Clause 15

Pre-meeting electronic voting | Clause 15

(1)  This clause applies to a ballot for determination of a matter by an owners corporation or strata committee that is to be conducted by pre-meeting electronic voting.

(2)  The secretary of the owners corporation must ensure that the form for the electronic ballot paper contains—

(a)  instructions for completing the ballot paper, and

(b)  the question to be determined, and

(c)  the means of indicating the voter’s choice on the question to be determined.

(3)  The secretary of the owners corporation must, at least 7 days before the meeting at which the matter is to be determined, give each person entitled to vote—

(a)  access to an electronic ballot paper, or to a voting website or electronic application containing an electronic ballot paper, that complies with this clause, and

(b)  access to information about—

(i)  how the ballot paper must be completed, and

(ii)  the closing date of the ballot, and

(iii)  if voting is by email, the address where the ballot paper is to be returned, and

(iv)  if voting is by other electronic means, the means of accessing the electronic voting system and how the completed electronic ballot paper is to be sent to the secretary, and

(c)  access to an electronic form of declaration requiring the voter to state—

(i)  his or her name, and

(ii)  the capacity in which the person is entitled to vote, and

(iii)  in the case of a matter that requires a special resolution, the voter’s unit entitlement, and

(iv)  if the vote is a proxy vote, the name and capacity of the person who gave the proxy.

(4)  Each person entitled to vote must vote in accordance with the instructions contained in the information.

(5)  If the ballot is a secret ballot, the secretary must ensure that—

(a)  the identity of the voter cannot be ascertained from the form of the electronic ballot paper, and

(b)  the declaration by the voter is dealt with so that it is not capable of being used to identify the voter.

(6)  An electronic ballot paper and the form of declaration must be sent to the secretary of the owners corporation no later than the close of the ballot.

(7)  The secretary of the owners corporation must ensure that all electronic ballot papers are stored securely until the counting of the votes begins.

(8)  In this clause, the close of the ballot means—

(a)  for a matter to be determined by the owners corporation, the time that is 24 hours before the commencement of the meeting at which the matter is to be determined, or

(b)  for a matter to be determined by a strata committee, immediately before the commencement of the meeting at which the matter is to be determined.

© 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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