Voting, resolutions and proxies
Who can vote at a general meeting in each state and territory, how votes are counted, the kinds of resolution and what each needs to pass, voting before the meeting, how proxies work and their limits, conflicts of interest, and how results are recorded.
In short
- One lot, one vote, unless someone asks for a poll. Every state gives each lot one vote on a show of hands or a voting paper. A poll (also called voting by entitlement) values each vote by the lot's unit, lot or contribution entitlement instead. Some resolutions are always counted by entitlement: special resolutions in NSW and WA, and in VIC when taken by ballot or poll.
- Co-owners share one vote. Joint owners of a lot vote through one person: a jointly appointed proxy in NSW, WA, TAS and the NT, a part-owners' representative in the ACT, and whichever co-owner is present in QLD and SA (with rules for when they disagree; SA community corporations also allow a jointly nominated voter). A company votes through a nominee, representative or proxy. A mortgagee can take over the vote in some states (NSW, QLD, WA, TAS, ACT, NT, and a mortgagee in possession in SA community corporations).
- Owners in arrears lose most votes everywhere except Tasmania. The exceptions differ: unanimous resolutions (NSW, SA strata), special and unanimous resolutions (VIC), resolutions without dissent (QLD), unanimous and without dissent resolutions (WA, ACT, NT). See Unpaid levies.
- The resolution types differ by state. Every state has an ordinary (simple majority) resolution. The higher bars are: special resolution (NSW, VIC, QLD, WA, SA, ACT, NT), unanimous resolution (all but QLD, where the nearest equivalent is a resolution without dissent), resolution without dissent or unopposed resolution (QLD, WA, ACT, NT) and majority resolution (QLD, NT). Tasmania has only ordinary and unanimous resolutions.
- Proxies are allowed everywhere, with different rules. A prescribed or approved form is required in NSW, VIC, QLD and the ACT. NSW, VIC, QLD (most schemes) and the ACT cap how many proxies one person may hold (1 in schemes of about 20 lots or fewer, 5 per cent of lots above that). WA, SA, TAS and the NT set no cap. Managers are barred from holding proxies in QLD and the ACT, and restricted on matters that benefit them in NSW, VIC and WA.
- Voting before the meeting is possible in most places, in different ways. Examples are pre-meeting electronic voting once adopted (NSW, ACT), written and electronic votes (QLD), ballots outside a meeting (VIC, WA), absentee votes (SA, ACT, NT for some motions) and written votes within 28 days after the meeting (TAS for unanimous resolutions; WA for unanimous, without dissent and special resolutions).
How it works
A strata scheme makes most decisions at a general meeting of all the owners, by passing resolutions. Each state's Act says who may vote, how each vote is valued, and how many votes a motion needs for each kind of resolution. The tougher the decision, the higher the bar. Changing by-laws, spending large sums or altering common property usually needs a special resolution (or the state's equivalent). Ending the scheme or a few other major steps can need a unanimous resolution.
Counting votes. There are two ways to count:
- By number: one vote for each lot. This is the default on a show of hands or a simple voting paper.
- By entitlement: each lot's vote is weighted by its share of the scheme, shown in the schedule of unit entitlement (NSW, WA, SA, TAS, ACT), the lot entitlements (VIC) or the contribution schedule (QLD). A poll, which any voter can demand in most states, switches an ordinary resolution to this method. A few states test special resolutions by both methods at once.
Who votes for a lot. The registered owner, or the person the law puts in their place: a co-owners' joint proxy or representative, a company's nominee, a guardian or administrator for an owner who cannot manage their affairs, a parent for an owner under 18 (ACT, NT, WA), and in some states a mortgagee who has given notice.
Proxies. A proxy is a person an owner appoints, in writing, to attend and vote for them. Most states let the owner limit the proxy to certain meetings or motions, or tell the proxy how to vote. A proxy does not vote if the owner turns up and votes in person. To stop vote harvesting, several states cap the number of proxies one person can hold and stop managers using proxies on matters that benefit them.
Conflicts of interest. Committee members generally must disclose a personal or financial interest in a matter and stay out of the vote. Several states also stop a proxy holder from voting on a matter in which they have an interest, such as a manager voting on their own contract.
Recording results. The chair declares each result at the meeting. The minutes record each motion and the outcome, and in most states the votes for and against and the proxies or absentee votes used. Minutes go to owners within a set time in most states. See Meetings for notice, quorum and minutes deadlines.
This is general information about what the law says. Whether a particular vote was valid depends on the scheme's records, its by-laws and the facts, and a dispute is decided by the tribunal or court listed under "If it goes wrong".
State by state
New South Wales
Owners corporation; general meetings and strata committee.
Who may vote. Each owner shown on the strata roll, and each person entitled to a priority vote, may vote at a general meeting; a corporation votes through its company nominee shown on the roll, in person, or by a proxy the corporation appoints (Strata Schemes Management Act 2015 Schedule 1 clause 23(1) and (3)). Co-owners cannot vote individually: they vote through a proxy (who may be one of them). If they have not appointed one, one co-owner may act as proxy if the others are absent or agree, and otherwise the co-owner named first on the strata roll (clause 23(4) and (5)). Where a lot is held on trust, the beneficiary cannot vote (clause 23(7)). Tenants may attend but vote only as a proxy (clause 21(1)).
Priority votes. The first mortgagee or covenant chargee shown on the roll can cast a priority vote on motions about insurance, budgets and levies, large spending, and any special or unanimous resolution. The owner's vote on that motion then does not count. The mortgagee must give the owner at least 2 days' written notice (clause 24).
Unfinancial owners. A vote does not count if the owner was an unfinancial owner on the date notice of the meeting was given and did not pay what was owing before the meeting. The exception is a motion needing a unanimous resolution (clause 23(8)). An unfinancial owner is one who has not paid all contributions then due and payable and any other amounts recoverable for the lot (s 4(1)).
Counting and resolutions.
- Ordinary resolution: a majority of the votes cast for and against, one vote per lot. If anyone present and entitled to vote demands a poll (immediately before or after the vote), each vote is valued at the lot's unit entitlement. The chair has no casting vote, so a tie is lost (Schedule 1 clauses 12(3) and 14). An original owner's vote is reduced in the same way as for a special resolution on a poll and in committee elections (clause 14(2) and (3)).
- Special resolution: passed at a properly convened general meeting with not more than 25 per cent of the value of the votes cast against, each vote valued at the lot's unit entitlement (s 5(1)(b)(i) and (2)). A motion specified as a sustainability or accessibility infrastructure resolution passes with less than 50 per cent against (s 5(1)(b)(ii) and (iii)). An original owner holding at least half the aggregate unit entitlement in a scheme of more than 2 lots has its votes reduced by two-thirds (s 5(2A)).
- Unanimous resolution: passed at a properly convened general meeting with no vote against (s 5(3)).
- Secret ballot: used if the strata committee decides, or at least one-quarter of the people entitled to vote on the motion agree (Schedule 1 clause 29).
Voting before the meeting. Votes are cast in person or in another way specified in the notice (clause 28). Pre-meeting electronic voting is available only after the owners corporation adopts it by resolution. Ballot papers go out at least 7 days before the meeting and the ballot closes 24 hours before it, an election cannot be decided this way, and pre-meeting voters count toward the quorum (Strata Schemes Management Regulation 2016 cll 14 to 17, including cl 14A; Act Schedule 1 clause 17(3)). A motion decided partly by pre-meeting voting can be amended at the meeting only without changing its subject, and the notice must warn that the pre-meeting vote may then have no effect (cl 14A).
Proxies.
- Form: only the NSW Fair Trading approved form counts, dated and signed (strata proxy form; Schedule 1 clause 26(1)).
- Lodging: with the secretary at or before the first meeting it is used for, or at least 24 hours before in a large scheme of more than 100 lots (clause 26(3); s 6).
- How long: until the later of the first anniversary and the end of the second AGM after it takes effect, unless revoked or a shorter period is stated (clause 26(4)). A later proxy delivered the same way replaces an earlier one (clause 26(6)).
- Limit: one proxy per person in a scheme of 20 lots or fewer, or no more than 5 per cent of the lots above that. Proxies held as a co-owner do not count, and an owner of several lots can appoint one proxy for all of them (clause 26(7) and (8)). The same cap applies to a person voting under a power of attorney, family members excepted (clause 25A).
- Managers: a vote by a proxy who is a building manager, on-site residential property manager or strata managing agent is invalid if it would give them a pecuniary interest or other material benefit, such as extending their appointment or increasing their pay (clause 25(7) and (8)). The original owner or a connected person cannot vote with a proxy or power of attorney obtained through a sale contract (clause 25(5)).
A note on the form itself: the current approved form (Form 1, dated November 2024) contradicts itself on how long a proxy lasts. Its first page says an appointment cannot run for more than 12 months or 2 consecutive AGMs, "whichever is the greater", which matches clause 26(4). Note 3 on its second page says "whichever occurs first". The Act prevails, so the later of the two applies unless the form states a shorter period.
Conflicts of interest. A strata committee member with a direct or indirect pecuniary interest in a matter that appears to conflict with their duties must disclose it, and must not be present for the committee's deliberation or take part in its decision on it (Act Schedule 2 clause 18). A contravention does not invalidate the decision.
Recording results. The chair declares the result at the meeting; outside a poll the declaration is conclusive (Schedule 1 clause 16). Minutes of all motions passed go to committee members and owners within 14 days (to owners in a large scheme on request) (clause 22). Records showing how an owner voted in a secret ballot are not open for inspection unless NCAT or a court directs (s 182(5)).
Coming change. The Strata Schemes Legislation Amendment (Miscellaneous) Bill 2025 would omit Schedules 1 and 2 and let regulations set meeting procedures, voting and proxies instead. At 2 October 2026 it had passed the Legislative Assembly and was before the Legislative Council, so the clause numbers above are still the law (bill details).
Victoria
Owners corporation; general meetings, ballots and committee.
Who may vote. There is one vote for each lot, whether at a meeting or by ballot, and joint owners of a lot have one vote between them (Owners Corporations Act 2006 s 87). A person acting under a power of attorney may vote if the power authorises it, subject to the same 1 owner or 5 per cent cap as proxies, family excepted (s 89F). A term of a sale contract that limits a buyer's voting rights is void (s 89H). The Act sets no separate rule for a lot owned by a company or for how joint owners choose who casts their vote; any owner can vote through a proxy, who must be an individual (s 89C(3)).
Owners in arrears. An owner in arrears for any amount owed to the owners corporation cannot vote in person, by ballot or by proxy, except on a matter needing a special or unanimous resolution. The arrears count as paid only if paid in cash before the vote, or by another method at least 4 business days before it (s 89B). An owner in arrears also cannot act as another owner's proxy (s 89C(10)).
Counting and resolutions.
- Ordinary resolution: a simple majority of votes cast at the meeting, one vote per lot. Any owner (in person or by proxy) may require a written poll, before or after the vote, counted by lot entitlement, and the poll result replaces the show of hands (s 89(2) to (5)). By ballot, a majority of the votes returned, provided at least a quorum's worth are returned (s 86).
- Casting vote: on an equal vote the chair has a casting vote if a lot owner or proxy; if not used, the motion fails (s 89A).
- Special resolution: 75 per cent of the total votes for all lots in the scheme, or 75 per cent of the total lot entitlements if a ballot or poll is taken (s 96). If at least 50 per cent of all lots vote for and no more than 25 per cent against, or a quorate general meeting has no vote against, it is an interim special resolution. It becomes final 29 days after it passed unless owners holding more than 25 per cent of the votes petition the secretary against it, and notice goes to every owner within 14 days (s 97).
- Unanimous resolution: the votes, or on a ballot or poll the lot entitlements, of every lot in the scheme. An absent lot defeats it (s 95).
- Two-lot owners corporations: a special resolution needs both lots (s 7A).
Voting before or outside the meeting. A person may vote at a meeting by show of hands or in another prescribed manner unless the meeting resolves otherwise (Owners Corporations Regulations 2018 reg 7B sets the content of a hard copy or electronic voting form), and people taking part by phone or video count as present (s 89(1) and (6)). Resolutions can also be made by ballot instead of a meeting, with at least 14 days' notice (ss 83 to 86 and 88; CAV voting and ballot guidelines).
Proxies.
- Form: the prescribed form, naming one individual, delivered to the secretary (s 89C(3); reg 8 and Schedule 1).
- When it starts: from the first meeting held after the date it is delivered (s 89C(4)), so delivery on the day of the meeting may be too late.
- How long: it lapses 12 months after it is given or on an earlier date stated in it, and cannot be transferred (s 89C(5) and (6)). The owner may revoke it in writing and vote in person instead (s 89E).
- Limit: one owner per proxy holder where there are 20 or fewer occupiable lots, or 5 per cent of the owners above that. The cap does not apply to family members or in prescribed circumstances, such as one owner appointing the same proxy for all their lots (s 89D; reg 8A).
- Managers and others: a proxy who is not a lot owner cannot vote on their own appointment, pay or removal as manager, or on delegations to them (s 89C(7)). Nobody may require or demand an owner's proxy or power of attorney (s 89G, a penalty of 60 penalty units).
Coming change. The Consumer Legislation Amendment Act 2026 (No. 36 of 2026, assented 8 September 2026) will limit every proxy holder to one lot owner, whatever the size of the scheme (new s 89D(1)). It will also treat an owner who has asked a specified owners corporation for a payment plan, or is keeping to one, as not in arrears for voting and proxy purposes (new ss 89B(4) and 89C(11)). These parts start on a day proclaimed, and no later than 1 December 2027 (s 2(6) of the amending Act).
Conflicts of interest. Committee members must act honestly and in good faith, in the interests of the owners corporation, and must not use their position to gain an advantage for themselves or anyone else (s 117). A proxy must act honestly, in good faith and with due care (s 89C(8)).
Recording results. Voting papers and ballots are kept for 12 months after the vote, and proxies for 12 months after they expire or are revoked (s 145). Minutes of a meeting that made interim resolutions or an interim special resolution go to every owner within 14 days (ss 78 and 97(2)).
Queensland
Body corporate; general meetings and committee. The rules below are from the Standard Module; the Accommodation Module is the same on these points, and differences for other modules are noted.
Who may vote. A voter is an individual on the body corporate roll as an owner, an owner's representative (for example a guardian, trustee or attorney, but not the manager, a service contractor or a letting agent), or a corporate owner's nominee (Standard Module Regulation 2020 s 101). A company nominates one nominee, or two with one as alternate, by written notice to the secretary (s 101(6) to (8)). If some but not all co-owners attend, those present vote as the owner, and no vote counts for the lot if the co-owners' votes conflict (s 107(4) and (5)). A mortgagee in possession who claims the vote in writing displaces the owner (s 102(1)).
Owners with a body corporate debt. A lot whose owner owes a body corporate debt at the time of the meeting cannot vote on any motion except one needing a resolution without dissent, and cannot vote in the committee election (s 102(2)). The Act also lets such an owner vote on a termination resolution (Body Corporate and Community Management Act 1997 s 81K(8)).
Counting and resolutions.
- Ordinary resolution: more votes for than against, one vote per lot; abstentions do not count and a tie is lost. Any voter may ask for a poll (except on a secret ballot), and on a poll the result turns on contribution schedule lot entitlements (Act ss 108 to 110).
- Special resolution: all three tests must be met: at least two-thirds of the votes cast are for it; the votes against are no more than 25 per cent of all lots in the scheme; and the contribution schedule lot entitlements of the lots voting against are no more than 25 per cent of the total (Act s 106(3), for meetings noticed from 1 May 2024).
- Majority resolution: votes for are more than half of the lots whose owners are entitled to vote, counting written votes only and no proxies (Act s 107).
- Resolution without dissent: no vote against. An adjudicator can order it passed where the opposition was unreasonable (Act s 105).
- Secret ballot: required where the Act or regulation says so, where the committee recommends it, or where the body corporate decides by ordinary resolution (s 108).
Voting before the meeting. A voter can vote in person, by proxy, by a hard copy voting paper given to the secretary before the meeting starts, or by an electronic vote where the body corporate has allowed it by ordinary resolution and runs a system that rejects ineligible and duplicate votes. A written or electronic vote can be withdrawn before the result is declared (ss 104 to 106). A general meeting can decide only motions on the agenda and the voting paper, apart from procedural motions, amendments and corrections to minutes (s 107(6)).
Proxies.
- Form: the approved form, BCCM Form 6, naming an individual, in English, not irrevocable and not transferable (s 129; proxy forms).
- Lodging: with the secretary before the meeting starts, or by an earlier time the body corporate fixes that is no more than 24 hours before (s 128(5)).
- How long: it lapses at the end of the financial year or a shorter stated period (s 129(1)(e)).
- Limit: 1 proxy per person where the scheme has fewer than 20 lots, otherwise no more than 5 per cent of the lots (s 128(4)). The body corporate can restrict or ban proxies by special resolution (s 128(2)).
- Where a proxy cannot be used: committee elections, majority resolutions, secret ballots, engaging or changing a manager, service contractor or letting agent, a motion on which the owner has already cast a written or electronic vote, or where the owner is present unless they consent (s 130(3)). A co-owner's proxy fails if another co-owner attends (s 130(2)).
- Managers: a body corporate manager, the original owner or their associates cannot exercise a proxy, except a limited original owner proxy in the first year (s 131(2) and (3)).
Other modules: the Commercial Module sets no cap and no end-of-year lapse (Commercial Module ss 86 to 88). In the Small Schemes Module a person may hold only 1 proxy, a manager or associate cannot exercise one, and the body corporate decides how votes are cast (Small Schemes Module ss 52, 60 and 62). A specified two-lot scheme has no meetings or proxies: each decision is a lot owner agreement, in writing, of both owners (Act ss 111E to 111H).
Conflicts of interest. A committee member must disclose a direct or indirect interest that could conflict with their duties and, if a voting member, cannot vote on the motion. A proxy holder at a committee meeting must disclose their own interest, and the member's interest if they know of it, and cannot vote as proxy on that issue (s 66).
Recording results. Full and accurate minutes go to each owner within 21 days. They record proxies tabled, the words of each motion, the votes for and against and abstentions, and the votes for each committee candidate (s 117).
Western Australia
Strata company; general meetings and council.
Who may vote. The owner of each lot is entitled to 1 vote, cast in person or by proxy; a sole individual owner who is present must vote personally (Strata Titles Act 1985 ss 120(1), (6) and (7) and 125(1)). Co-owners may cast the vote only through jointly appointing a single proxy, who may be one of them (s 126(b)(iii)). A guardian votes for an owner under 18, and a person authorised to control the owner's property votes for an owner who cannot (s 126(b)(i) and (ii)). If the lot is mortgaged, the registered first mortgagee may vote in person or by proxy, and the owner votes only if the mortgagee does not (s 126(a)). The Act has no separate voting rule for a lot owned by a corporation: like any owner it can appoint a proxy in writing (s 124(1)). A corporation can also sit on the council or be an officer through an individual it authorises (s 136).
Owners in arrears. An owner who owes the strata company an amount recoverable under the Act cannot cast the lot's vote, tested when the vote is cast, except on a unanimous resolution, a resolution without dissent, a resolution postponing a leasehold scheme's expiry day or a termination resolution (s 120(2) and (5)).
Counting and resolutions. Unanimous and without dissent votes are counted by number, special resolutions by both number and unit entitlement, and ordinary resolutions by number unless anyone entitled to vote demands unit entitlement before the vote (s 122).
- Ordinary resolution: more than 50 per cent of the lots that vote, or of their unit entitlements if demanded. A tie is lost (s 123(7)).
- Special resolution (6 or more lots): votes for are at least 50 per cent of all lots and of all unit entitlements in the scheme, and votes against are less than 25 per cent of all lots and of all unit entitlements (s 123(4)). For 3, 4 or 5 lots: at least 2, 3 or 4 lots for and at least 50 per cent of the unit entitlements. For 2 lots: unanimous (s 123(5) and (6)).
- Resolution without dissent: no vote against; in a 2-lot scheme, both lots for (s 123(2) and (3)).
- Unanimous resolution: the vote of every lot in the scheme cast in favour (s 123(1)).
- Notice: 14 days' notice of the terms is needed for special, unanimous and without dissent resolutions, and for any resolution voted on outside a meeting (s 123).
Voting before or outside the meeting. A resolution can be put at a general meeting or outside one (s 120(3)). The voting system, electronic or otherwise, must protect the integrity of the vote (s 120(8)). The meeting notice states each voting method the strata company accepts. For unanimous, without dissent and special resolutions, voting stays open for 28 days after the meeting: a lot not represented at the meeting is told the outcome and can vote in writing before the period closes (s 121).
Proxies.
- Form: any written instrument signed by the owner or their attorney. There is no prescribed form (s 124(1)).
- How long: for all general meetings and all purposes unless the instrument limits it, for example to one meeting, one resolution or a period (s 124(2) and (3)).
- Limit: none in the Act. Regulations may limit strata manager proxies (s 124(5)), but the Strata Titles (General) Regulations 2019 currently set no such limit.
- Interested proxies: a proxy with a pecuniary or other interest in goods, amenities or services to the strata company (including a strata manager on its own contract) cannot vote on that resolution unless the instrument expressly authorises the vote and says which way, and for a management contract the notice gave the manager's name, dates, variations and pay (s 125(2) to (4)).
Conflicts of interest. A council member must tell the council in writing of any direct or indirect pecuniary or other interest that conflicts or may conflict with their functions, and must not vote on the matter. Being an owner is not itself such an interest (s 137(3) and (4)).
Recording results. The strata company must make and keep minutes of its general meetings and records of its resolutions (s 104(1)(b)). Minutes are kept for 7 years. Records of resolutions are kept for 20 years for special, unanimous and without dissent resolutions, and 7 years for others (Strata Titles (General) Regulations 2019 reg 83; Landgate fact sheet).
South Australia
Strata corporation (Strata Titles Act 1988) or community corporation (Community Titles Act 1996); general meetings and management committee. Both Acts are the versions in force since 9 December 2021; the only amendment to either not yet in force is a change by the Biodiversity Act 2025 to the definition of "statutory encumbrance", which does not touch voting.
Who may vote. Each unit or lot normally has one vote.
- Strata corporation: the unit holder or their proxy votes. If a unit has two or more owners and only one attends, that owner votes; if two or more attend, one votes for all under their agreement, or failing agreement the owner named first on the certificate of title (Strata Titles Act 1988 s 34(1) and (3)). A guardian may exercise the rights of a unit holder under a disability (s 45(1)). The Act sets no separate voting rule for a company unit holder, which can nominate a proxy like any owner (s 34(2a)).
- Community corporation: any owner, including a company, may nominate a person to attend and vote for them, and all the owners of a lot may jointly nominate one person (who may be one of them) (Community Titles Act 1996 s 84(3) and (4)). Without a joint nominee, a co-owner who attends alone votes, but if two or more attend and cannot agree, none of them may vote (s 84(7)). A mortgagee in possession counts as the owner (s 3(1), definition of owner).
Owners in arrears. In a strata corporation, no vote can be exercised for a unit unless all amounts due and payable for it have been paid, except where a unanimous resolution is required (s 34(7)). In a community corporation no vote can be exercised for a lot unless all amounts payable for it have been paid, and the Act makes no exception for unanimous resolutions (Community Titles Act s 84(14)), although some guides say otherwise.
Counting and resolutions.
- Ordinary resolution: a simple majority of the votes of owners present (in person, by proxy or remotely) and voting, one vote per unit or residential lot, so a tie is lost (Strata Titles Act s 3(1); Community Titles Act ss 3(1), 84(15) and 87).
- Special resolution: at least 14 days' written notice of the terms and any other information the regulations require, then carried at the meeting with votes against no more than 25 per cent of the votes that could be cast if every owner were present. With 3 units or lots, no more than one vote may be against (Strata Titles Act s 3(1); Community Titles Act ss 3(1) and 88).
- Unanimous resolution: the same 14 days' notice, then passed with no vote against (Strata Titles Act s 3(1); Community Titles Act s 3(1)).
- Written ballot: any owner or proxy attending can demand one, and the presiding officer runs it as they think fit (Strata Titles Act s 34(5) and (6); Community Titles Act s 84(12) and (13)).
- If a resolution narrowly fails: in a strata corporation, where a unanimous resolution fails but had enough support for a special resolution, a person who voted for it may ask the Supreme Court or the Magistrates Court to declare it sufficient (Strata Titles Act s 46). In a community corporation the same relief is available for a failed unanimous or special resolution, from the District Court or the Magistrates Court (Community Titles Act s 149).
Voting before the meeting. An owner may cast an absentee vote on a proposed resolution by written notice to the secretary at least 6 hours before the meeting (Strata Titles Act s 34(4); Community Titles Act s 84(11)). Resolutions are passed at meetings, and an owner can attend and vote by phone, video or similar means where arrangements allow (Strata Titles Act s 33(11)).
Proxies.
- Form: no prescribed form. A written nomination to the secretary, stating whether it covers all meetings and matters or only named ones; it is invalid otherwise (Strata Titles Act s 34(3a) and (3b); Community Titles Act s 84(5) and (5a)).
- How long: the period stated, up to 12 months, and the owner can revoke it in writing at any time and still vote in person (Strata Titles Act s 34(3a)(d) to (f); Community Titles Act s 84(5)(e) to (g)).
- Limit: none.
- Managers and developers: a body corporate manager or its employee may hold proxies, but they lapse when it stops being the manager. A general power of attorney appointing a manager to vote must be given to the secretary before the meeting (Strata Titles Act s 34(3c) to (3e); Community Titles Act s 84(6a), (9a) and (9b)). Where any community lot is residential, the developer or an associate cannot be nominated, unless the parcel is under a leaseback arrangement (Community Titles Act s 84(8) and (9)).
- Inspection: copies of all proxy nominations must be available for inspection at the meeting before any vote (Strata Titles Act s 34(3f); Community Titles Act s 84(10a)).
Conflicts of interest. Anyone who attends and is entitled to vote at a meeting, and the person presiding, must disclose a direct or indirect pecuniary interest in a matter to the meeting before the vote is taken. A proxy must disclose their own interest to the owner who appointed them, and must also tell the meeting if that owner's nomination declared an interest. Failing to disclose is an offence (Strata Titles Act s 34A, a Division 4 fine of up to $15,000; Community Titles Act s 85, up to $15,000). A nomination that directs a vote on a matter in which the owner has a pecuniary interest must say what the interest is (Strata Titles Act s 34(3a)(c); Community Titles Act s 84(5)(d)). In a community corporation a committee member with a pecuniary interest discloses it and takes no part in the deliberation or decision (Community Titles Act s 95).
Recording results. The secretary prepares and distributes the minutes and moves their confirmation at the next meeting; no deadline for sending them is set. Minutes are kept for 30 years (Strata Titles Regulations 2018 regs 10(1)(a) and 30; Community Titles Regulations 2026 regs 29(3)(a) and 33(1)(a)). If a body corporate manager is to chair a strata corporation meeting, it must first tell the meeting about any proxies and powers of attorney it holds and make them available for inspection (Strata Titles Regulations 2018 reg 15(3)).
Tasmania
Body corporate; general meetings and optional committee of management.
Who may vote. Each owner of a lot is a member entitled to vote personally or by proxy (Strata Titles Act 1998 ss 74(1) and 76(1)). A mortgagee in possession takes over the owner's vote (s 74(3)). Co-owners may vote by a proxy they appoint jointly; without one they cannot vote on a show of hands (except on a unanimous resolution), but any co-owner may demand a poll and vote in proportion to their share (s 76(3)). A guardian, administrator or a person appointed by the Tribunal can vote for an owner who cannot (s 77).
Owners in arrears. There is no rule taking away an owner's vote while contributions are unpaid.
Counting and resolutions.
- Ordinary resolution: a majority of the votes of members present and voting. Voting is by show of hands unless a poll is demanded, when votes count by unit entitlement (ss 3 and 76(2)).
- Unanimous resolution: Tasmania has no special resolution. Where more than an ordinary resolution is needed, the Act requires a unanimous resolution, which fails if any member votes against at the meeting or in writing within 28 days after it. The notice must set out its full terms (ss 3, 75(4)(c) and 78). The Recorder of Titles can shorten or remove the 28 days where a resolution is urgent (s 78(2)).
Voting before or after the meeting. Apart from proxies, the Act's only out-of-meeting vote is the written vote on a unanimous resolution within 28 days after the meeting (s 78(1)(b)).
Proxies. No prescribed form, lodgement deadline, duration or limit on how many one person may hold. The Recorder of Titles' guide says a proxy must be in writing and may cover a motion, a meeting, a period or until revoked (Strata Living in Tasmania). Check the scheme's registered by-laws for extra rules.
Coming change. NRE Tasmania released a Draft Strata Titles Amendment Bill 2026 for consultation (11 September to 25 October 2026), proposing changes that include meeting procedures. It is a draft, not law, and had not been introduced to Parliament at 2 October 2026 (consultation page).
Conflicts of interest. Neither the Act nor the model by-laws in its Schedule 1 set a disclosure or abstention rule for committee of management members. A scheme's own by-laws may add one.
Recording results. A unanimous resolution's result is final only when the 28-day period ends, so it depends on the written votes received in that time as well as the votes at the meeting. Committee minutes are available to any member on request (s 79). An application to the Recorder of Titles to invalidate a meeting resolution must be made within 30 days after the meeting (s 123(3)).
Australian Capital Territory
Owners corporation; general meetings and executive committee.
Who may vote. The person entitled to vote is the owner (a single individual), the company's representative (a company owner) or the part-owners' representative (two or more part-owners). There is one vote per unit (Unit Titles (Management) Act 2011 sch 3 ss 3.20(1) and 3.22). A mortgagee can give a mortgagee voting notice naming a representative, who then votes instead of the owner until the notice is revoked or the mortgage discharged (ss 3.20(2), 3.23 and 3.24). A parent, guardian or property manager votes for an owner under 18 or under a legal disability (s 3.32). ACAT can order a person not to vote (s 3.20(4)).
Owners in arrears. Where the owners corporation has 3 or more members, a person can vote for a unit on an ordinary or special resolution only if all amounts payable for the unit have been paid (s 3.20(3)). Unopposed and unanimous resolutions are not affected. Each owner's meeting notice must say whether each of their units can vote and, if not, why (s 3.7).
Counting and resolutions. Every vote is of equal value unless a poll is taken; on a poll, votes are valued by unit entitlement (s 3.28). Anyone present and entitled to vote may demand a poll on an ordinary or special resolution (s 3.29). The chair has a casting vote on an equality, except where there are only 2 members (s 3.30).
- Ordinary resolution: more votes for than against (s 3.15).
- Special resolution: more votes for than against, and votes against no more than one-quarter of the votes that could be cast by those present, including proxies and absentee votes (under one-third with 3 owners, none with 1 or 2) (s 3.16).
- Unopposed resolution: no vote against (s 3.17).
- Unanimous resolution: where there are more than 2 members, every person entitled to vote must be present, represented by proxy or have cast an absentee vote, with none against and at least one for (s 3.18).
- Notice: a motion needing an unopposed or unanimous resolution needs 21 days' notice with its text (s 3.6).
Voting before the meeting. An absentee voting paper goes out with every general meeting notice; a vote on it, given to the owners corporation before the meeting begins, counts as present and voting but not toward the quorum (ss 3.7 and 3.31). A general meeting can adopt another way of voting, such as pre-meeting electronic voting, but not for elections (Unit Titles (Management) Regulation 2011 s 10; Act s 3.31A).
Proxies.
- Form: approved Form 2, which must go with every general meeting notice (AF2021-17; ss 3.7 and 146(2)). There is no lodgement deadline.
- How long: no more than 1 year (s 3.26(2)(a)).
- Who cannot be a proxy: the manager or a service contractor (s 3.26(2)(b)).
- Limit: anyone other than the chair may exercise 1 proxy vote where there are 20 or fewer units, or no more than 5 per cent of the units above that; the chair exercises any excess (s 3.26(3) and (4)). A developer appointed under sale contracts cannot exercise 3 or more proxies except on development matters disclosed in a proxy disclosure statement (s 3.27).
Coming change. The Housing and Consumer Affairs Legislation Amendment Bill 2026, presented on 17 September 2026 and still before the Assembly at 2 October 2026, would lower the general meeting quorum from one-half to one-quarter of units, let reduced quorum decisions take effect the next day, allow a proxy to be general or limited to stated motions, and spell out how proxy votes count toward the quorum. Its unit titles changes would start 3 months after it becomes law (bill and explanatory statement).
Conflicts of interest. Under the executive committee code of conduct an executive member must disclose to the committee any conflict of interest in a matter before it (sch 1 pt 1.1 s 8). The developer cannot vote or use a proxy on defective building work unless the other owners or ACAT allow it (sch 3 s 3.21A).
Recording results. The executive committee keeps minutes of general meetings recording those present, details of proxy and absentee votes, and the resolutions passed with the kind of each special, unopposed or unanimous resolution, and gives a copy to each member within 14 days (sch 2 s 2.1). An executive committee certificate is evidence that a resolution was passed (sch 3 s 3.19). Decisions made with only a reduced quorum take effect 28 days later after notice on Form 1 (sch 3 ss 3.10 and 3.11).
Northern Territory
Body corporate. Schemes from 1 July 2009 follow the Unit Title Schemes Act 2009 and the management modules; older units plans follow the Unit Titles Act 1975.
Who may vote. One vote per unit (Unit Title Schemes Act 2009 s 79). Where two or more people hold one vote jointly, they may jointly appoint a proxy, each signing (Module 2 cl 42(2) and (3)). A mortgagee who gives the body corporate written notice takes over the vote until the mortgage is discharged; joint mortgagees act jointly (cl 44). A parent or guardian votes for a member under 18 (cl 46). NTCAT can dispense with, or appoint someone to cast, the vote of an owner who is unavailable or unknown on a without dissent or unanimous motion (cl 45). The Act and modules set no separate rule for how a company votes at a general meeting; it can appoint a proxy like any owner (cl 42), and it appoints an individual to sit on the committee for it (Act s 74(3); Module 2 cl 6(2)).
Owners in arrears. An owner who has not paid contributions or levies by the due date cannot vote at a general meeting while they are outstanding, except on a motion needing a unanimous resolution or a resolution without dissent (s 79(9) and (10)).
Counting and resolutions. Voting is by show of hands unless a poll is called, and is in writing on a poll, an absentee vote or a motion to terminate the scheme (Unit Title Schemes (Management Modules) Regulations 2009 Module 2 cl 39). Anyone present with a right to vote can call a poll on any motion, and the chair must call one if a show of hands is unclear (cls 40 and 41). A poll is a written vote, still one vote per unit; contribution entitlements matter only for the special resolution test below.
- Ordinary resolution: more votes for than against, with a casting vote for the chair on an equality (s 79(2) and (7)(b); cl 38).
- Special resolution: at least two-thirds of the votes cast for, and the units voting against hold no more than 25 per cent of the contribution entitlements of all units (s 79(8)).
- Majority resolution: more than half of all units (s 79(6)).
- Resolution without dissent: no vote against (s 79(5)).
- Unanimous resolution: every unit in the scheme votes for it, so a unit that does not vote defeats it (s 79(4)).
Voting before the meeting. There are no postal or electronic ballots outside a meeting. For a without dissent or unanimous motion, an absentee voting paper goes out with the notice (21 working days' notice) and can be returned to the body corporate's letterbox at least 24 hours before, or to the secretary before, the meeting (cls 32 and 43).
Proxies. In writing, on the form the committee has approved, stating the period it covers. There is no limit on the number one person may hold, no lodgement deadline, and no bar on a body corporate manager holding proxies (s 79(3); cls 42 and 68). In a small scheme under Module 3 no form is set and voting is by show of hands only, so the proxy must attend. Under the Unit Titles Act 1975 a standard plan follows similar rules and a small plan accepts any proxy (Unit Titles (Management Modules) Regulations 2009 Schedule 1 cl 40 and Schedule 2 cl 33).
Conflicts of interest. Under the committee members' code of conduct, a committee member must disclose to the committee any conflict of interest in a matter before it, and a member who breaches the code can be removed (Act s 77 and Schedule 1 Part 1 cl 5; Module 2 cl 9). The code does not expressly require the member to abstain. The modules also stop an auditor with an interest in the body corporate from auditing it.
Recording results. Used voting papers and poll results are kept for 7 years (cl 57). After a meeting without a quorum, the minutes and interim resolutions go to every voter within 14 working days (cl 34).
If it goes wrong: where to get help
| State | Information first | Who decides disputes about votes and resolutions |
|---|---|---|
| NSW | NSW Fair Trading, strata (mediation is usually required first) | NCAT |
| VIC | Consumer Affairs Victoria, owners corporations | VCAT |
| QLD | Office of the Commissioner for Body Corporate and Community Management | The Commissioner's conciliation and adjudication; QCAT on appeal |
| WA | Landgate, strata titles | State Administrative Tribunal |
| SA | Consumer and Business Services; Legal Services Commission | Magistrates Court, or the District Court with its permission, not SACAT (Strata Titles Act s 41A; Community Titles Act s 142); a court can also declare a narrowly failed resolution sufficient (Strata Titles Act s 46; Community Titles Act s 149) |
| TAS | NRE Tasmania, strata titles | The Recorder of Titles (apply within 30 days to invalidate a resolution); TASCAT on appeal |
| ACT | Access Canberra | ACAT |
| NT | NT Government, dealing with a body corporate | NTCAT |
For how disputes are raised and decided, see Disputes. For notice periods, quorum and minutes, see Meetings, and for by-law changes that need a special resolution, see By-laws.
How FairLot helps
- Voting and resolutions: each motion carries a resolution type your state has, and FairLot works out the result from the votes recorded using your state's test, showing the arithmetic. Votes from lots in arrears are left out where your state's rule says so, with the reason, and owners are warned before the meeting. Proxy holders over your state's limit are flagged. The chair can always record a different ruling with a reason.
- Statutory forms: your state's proxy form, voting papers and absentee or pre-meeting ballot papers, filled in from your records, with the official form linked where the law requires it (for example NSW, VIC, QLD and the ACT).
- Meetings and notices: notices carry the voting statement and proxy information your state requires, with the longer notice period where a motion needs it.
- Owner portal: owners see the motions and can vote themselves where your scheme allows it.
- Audit trail and export: every vote, proxy and result is recorded with who entered it and when.
FairLot is software. The chair declares the result and the committee and owners decide; FairLot does not vote, hold proxies or give advice.
Common questions
Can I vote if my levies are overdue?
In most states, not on most motions. NSW, VIC, QLD, WA, SA, the ACT and the NT stop a lot in arrears from voting on ordinary motions, with exceptions: unanimous resolutions (NSW, SA strata), special and unanimous resolutions (VIC), resolutions without dissent (QLD), and unanimous and without dissent resolutions (WA, ACT, NT). In NSW the test is whether you owed money on the day notice was given and had not paid before the meeting; in VIC a non-cash payment must reach the owners corporation at least 4 business days before the vote. Tasmania has no such rule. See Unpaid levies.
We own our unit jointly. Do we both get a vote?
No. A lot has one vote however many people own it. In NSW, WA and TAS co-owners vote through a proxy they appoint (in NSW one co-owner can act without one if the others agree or are absent). In QLD the co-owners who attend vote together, and no vote counts if they disagree. In an SA strata corporation, if both attend only one votes, and the owner named first on the title votes if they cannot agree; in an SA community corporation they can jointly nominate a voter, and if they attend without one and cannot agree, none of them votes. In the ACT the part-owners' representative votes.
How many proxies can one person hold?
In NSW, VIC, QLD (Standard and Accommodation Modules) and the ACT: 1 where the scheme has about 20 lots or fewer, and 5 per cent of the lots (VIC: of the owners) above that. QLD small schemes allow 1. WA, SA, TAS, the NT and QLD commercial schemes set no limit. Proxies a co-owner holds (NSW) and family members (VIC) do not count toward the cap. From a date to be proclaimed, and no later than 1 December 2027, VIC will allow only 1 in every scheme.
Can our strata manager hold proxies?
It depends on the state. A body corporate manager cannot exercise proxies in QLD, and the manager cannot be appointed as a proxy in the ACT. In NSW a manager's proxy vote is invalid where it would benefit the manager, such as on its own reappointment or pay. In VIC a non-owner proxy cannot vote on their own appointment, pay or removal as manager. In WA a manager can vote on its own contract only if the proxy expressly directs the vote. SA and the NT allow managers to hold proxies, with SA requiring proxies to be open for inspection.
How long does a proxy last?
NSW: the later of 12 months and the end of the second AGM, unless shorter (the approved form's second page wrongly says "whichever occurs first"). VIC: 12 months or an earlier stated date. QLD: the end of the financial year or a shorter period (no lapse in commercial schemes). SA: the period stated, up to 12 months. ACT: no more than 1 year. WA: all meetings until revoked unless the proxy limits itself. TAS and the NT: whatever the proxy says.
Can I vote without going to the meeting?
Usually, yes. Besides a proxy, you can use a voting paper or electronic vote in QLD, pre-meeting electronic voting where adopted in NSW and the ACT, an absentee voting paper in the ACT, an absentee vote at least 6 hours before the meeting in SA, a ballot in VIC, a vote outside a meeting, or within 28 days after it on a unanimous, without dissent or special resolution, in WA, a written vote on a unanimous resolution within 28 days in TAS, and an absentee voting paper for without dissent and unanimous motions in the NT. Taking part by phone or video counts as being present in several states.
What is the difference between a special and a unanimous resolution?
A special resolution allows some opposition, measured differently in each state: in NSW no more than 25 per cent of the value of votes cast against; in VIC 75 per cent of all lots for; in QLD two-thirds of votes cast for, with limits on lots and entitlements against; in WA at least half of all lots and entitlements for and under a quarter against. A unanimous resolution allows none: in NSW, SA and TAS no vote against at the meeting (and in TAS none in writing within 28 days after it), and in VIC, WA and the NT every lot in the scheme must vote for it. QLD has no unanimous resolution for most decisions; its resolution without dissent needs no vote against. Tasmania has no special resolution.
What is a poll and who can ask for one?
A poll recounts a vote so each lot's vote is weighted by its entitlement rather than counted as one. A voter can demand one on an ordinary resolution in NSW, VIC, QLD, WA (counting by unit entitlement), TAS and the ACT. It can change the result where large and small lots vote differently. In the NT a poll is a written vote that still counts one vote per unit, and in SA a demanded written ballot also counts one vote per unit.
Does a committee member with an interest in a contract get to vote on it?
Generally not. Committee members must disclose a conflicting interest and stay out of the vote in NSW, QLD, WA and SA community corporations, and must disclose it under the ACT and NT codes of conduct. VIC requires committee members to act in the owners corporation's interest and not use their position for advantage. In SA anyone voting at a general meeting must disclose a financial interest before the vote. Tasmania's Act sets no rule.
Sources
- Strata Schemes Management Act 2015 (NSW) : s 5 resolutions; Schedule 1 clauses 12 to 29 on voting, priority votes, proxies and minutes; Schedule 2 clause 18 on pecuniary interests (version current for 26 August 2026, read 2 October 2026).
- Strata Schemes Management Regulation 2016 (NSW) : pre-meeting electronic voting (cll 14 to 17) (version current for 26 June 2026, read 2 October 2026).
- NSW Fair Trading, strata meetings and strata proxy form : proxy lodgement and Form 1 (November 2024 version, read 2 October 2026).
- Strata Schemes Legislation Amendment (Miscellaneous) Bill 2025 (NSW) : Schedule 1 items [15] and [114], status at 2 October 2026.
- Owners Corporations Act 2006 (Vic), authorised version 024 : ss 87 to 89H voting, arrears and proxies; ss 95 to 97 resolutions; s 117 committee duties; s 145 records (as at 9 September 2026).
- Consumer Legislation Amendment Act 2026 (Vic) : ss 2, 42, 43 and 43A, the coming proxy cap and payment plan changes.
- Owners Corporations Regulations 2018 (Vic) : proxy form and voting forms (repo research).
- Consumer Affairs Victoria, voting and ballot guidelines : ballots and proxies.
- Body Corporate and Community Management Act 1997 (Qld) : resolution types (ss 105 to 111H), from repo research.
- Standard Module Regulation 2020 (Qld) : ss 66, 101 to 109, 117 and 128 to 131 (current as at 1 August 2025).
- qld.gov.au, general meeting voting : voters, proxies and electronic voting.
- Strata Titles Act 1985 (WA) : ss 104, 120 to 126, 136 and 137 (consolidation 08-a0-00, current from 26 June 2025).
- Strata Titles (General) Regulations 2019 (WA) : reg 83 record retention.
- Landgate, Meetings, voting and decision-making fact sheet : voting methods, proxies and minutes.
- Strata Titles Act 1988 (SA) and Community Titles Act 1996 (SA) : ss 3, 33, 34, 34A, 41A, 45 and 46; ss 3, 84, 85, 87, 88, 95, 142 and 149 (both the versions in force from 9 December 2021, confirmed current and read 2 October 2026).
- Strata Titles Regulations 2018 (SA) and Community Titles Regulations 2026 (SA) : regs 10, 15 and 30; regs 29 and 33 (versions of 1 September 2026).
- Legal Services Commission, Strata Titles: A Legal Guide (December 2021) : co-owners, proxies, absentee votes and disclosure of interest.
- Strata Titles Act 1998 (Tas) : ss 74, 76, 77, 78 and 123; Schedule 1 model by-laws.
- NRE Tasmania, Draft Strata Titles Amendment Bill 2026 consultation : status of the draft.
- NRE Tasmania, Strata Living in Tasmania : proxies in writing.
- Unit Titles (Management) Act 2011 (ACT), republication 25 : sch 3 ss 3.15 to 3.32; sch 2 s 2.1; sch 1 code of conduct.
- Approved Form 2, appointment of a proxy (ACT) : the ACT proxy form.
- Housing and Consumer Affairs Legislation Amendment Bill 2026 (ACT) : bill and explanatory statement, status at 2 October 2026.
- Unit Title Schemes Act 2009 (NT) : ss 74, 77 and 79; Schedule 1 code of conduct (as in force at 27 November 2023, still the current reprint).
- Unit Title Schemes (Management Modules) Regulations 2009 (NT) : Module 2 cls 6, 9, 32 to 46 and 57 (as in force at 12 May 2023, still the current reprint).
- Unit Titles (Management Modules) Regulations 2009 (NT) : pre-2009 units plans, Schedule 1 cl 40 and Schedule 2 cl 33 (as in force at 12 April 2017, still the current reprint).
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