Voting, resolutions and proxies in New South Wales

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).

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).