General meeting voting
Many body corporate decisions have to be made at a general meeting where owners can vote.
Information on this page is for community titles schemes registered under the:
- Standard Module
- Accommodation Module
- Commercial Module
- Small Schemes Module.
Schemes registered under the Specified Two-lot Schemes Module do not have general meetings because they vote by lot owner agreements.
Who can vote
When voting at a general meeting each lot gets 1 vote on each motion listed on the voting paper. If a lot owes a body corporate debt, the voter for the lot cannot vote on:
- motions (other than a motion that needs a resolution without dissent)
- electing members of the committee.
All owners in the scheme are members of the body corporate. For general meetings of the body corporate each lot owner is a ‘voter’.
However, a voter for a general meeting must be an individual. Their name must be on the body corporate roll as:
- the lot owner
- the representative of a lot owner
- someone nominated by a corporate owner (the corporate nominee).
The number of voters for a general meeting may be different to the number of lots in the scheme. Working out the number of voters compared to the number of lots is only relevant when working out a quorum (minimum number of people) for a general meeting.
For example, a person who owns more than 1 lot in the same name, is normally only considered as being 1 voter (1 individual).
Read more about quorums and how they are calculated when:
How to vote
A body corporate may decide, by special resolution, that voting will be done in another way. If this decision has not been made you can vote for motions:
- personally
- by written vote (voting paper)
- by proxy
- by electronic vote (if electronic voting has been authorised by general meeting decision of the body corporate).
For motions decided by secret ballot you can only vote by:
- written vote (secret voting paper)
- electronic vote (if electronic voting has been authorised by general meeting decision of the body corporate).
For schemes registered under the Small Schemes Module the body corporate can decide how voting can be done.
The way decided:
- must be fair and reasonable
- may include allowing a person not present in person at the meeting to vote via telephone, email or another way they can clearly communicate their intentions.
Voting in person
You can vote in person at a general meeting by:
- a show of hands
- giving a completed written voting paper to the secretary (or if the secretary is not present, the person chairing the meeting) before the start of the meeting.
Voting by voting paper
You can make a written vote by completing a voting paper and giving it to the secretary before the start of the general meeting.
A written vote:
- can be given by hand, by post or by fax
- can be withdrawn at any time before the result of the motion is declared
- cannot be withdrawn by the voter’s proxy.
You must give your voting paper to the secretary. No one can do this for you or your vote might be declared invalid.
Voting by proxy
A proxy is a person who represents a voter at a general meeting.
You can appoint a proxy by filling in the proxy form and giving it to the secretary before the start of the meeting (unless an earlier time is set by the body corporate).
A proxy:
- can be given by anyone who has the right to vote at a general meeting
- must be a named individual
- cannot be transferred to a third person
- ends at the end of the body corporate’s financial year (unless a shorter period is listed on the proxy from).
Restrictions on proxies
Restrictions on the use of proxies for schemes registered under the Accommodation and Standard modules include:
- a person must not hold more than 1 proxy if there are less than 20 lots in the scheme
- a person must not hold proxies for more than 5% of the total number of lots for a scheme with 20 or more lots
- a body corporate manager or an associate of a body corporate manager cannot be appointed as a proxy
- a proxy cannot vote
- on a motion to engage a person as a body corporate manager or a service contractor, or to authorise a person as a letting agent
- on electing or appointing a member of the committee
- on a motion where the owner has submitted a written vote on that motion
- at a general meeting if the member who gave the proxy is personally present unless the member consents at the meeting.
For schemes registered under the Commercial Module and the Small Schemes Module, the restrictions on the use of proxies may vary.
Voting electronically
A body corporate can decide by ordinary resolution to allow voters to vote electronically.
If this happens, you can send an electronic vote to the secretary. The vote must be made according to the Electronic Transactions (Queensland) Act 2001 and the instructions given with the voting papers for the meeting.
The system for receiving the votes needs to:
- reject votes cast by a person who
- is ineligible to vote
- has already voted on the motion
- only allow the secretary to receive the votes.
To vote electronically, you need to follow the secretary’s instructions and vote before the general meeting or, if the voting system allows, at the general meeting.
You can withdraw your electronic vote at any time before the result is declared. A person’s proxy cannot withdraw an owner’s electronic vote.
Voting outside a general meeting
Schemes registered under the Commercial Module and the Small Schemes Module can decide on motions outside a general meeting.
A body corporate can make a decision outside a general meeting if:
- a vote is cast for each lot by a person entitled to vote at a general meeting, but not a proxy
- each vote is a “yes” vote
- each vote is in writing.
If these conditions are met, the motion is passed by the body corporate and has effect as either a:
- resolution without dissent
- special resolution
- ordinary resolution as required by the motion.
The legislation does not say how a vote outside a general meeting should be conducted. The committee should prepare notices for the meeting and send to all owners. Owners should be told how and when to respond.
Schemes registered under the Standard Module and the Accommodation Module cannot vote outside a general meeting.