Voting, resolutions and proxies in Northern Territory

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

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

StateInformation firstWho decides disputes about votes and resolutions
NSWNSW Fair Trading, strata (mediation is usually required first)NCAT
VICConsumer Affairs Victoria, owners corporationsVCAT
QLDOffice of the Commissioner for Body Corporate and Community ManagementThe Commissioner's conciliation and adjudication; QCAT on appeal
WALandgate, strata titlesState Administrative Tribunal
SAConsumer and Business Services; Legal Services CommissionMagistrates 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)
TASNRE Tasmania, strata titlesThe Recorder of Titles (apply within 30 days to invalidate a resolution); TASCAT on appeal
ACTAccess CanberraACAT
NTNT Government, dealing with a body corporateNTCAT

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

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