New South Wales Consolidated Regulations

STRATA SCHEMES MANAGEMENT REGULATION 2016 - REG 10

10 Ballot for strata committee

(1) This clause applies to the election of a strata committee for a strata scheme comprising more than 2 lots.

(2) If a ballot for membership of the strata committee of an owners corporation is required, the person presiding at the meeting of the owners corporation must--

(a) announce to the meeting the name of each candidate, and

(b) provide each person present and entitled to vote at the meeting with a blank ballot paper for each vote the person is entitled to cast.

(3) For a vote to be valid, a ballot paper must be signed by the voter and completed by the voter's writing on it--

(a) the names of the candidates (without repeating a name) for whom the voter desires to vote, the number of names written being no more than the number determined by the owners corporation as the number of members of the strata committee, and

(b) the capacity in which the voter is exercising a right to vote, whether--

(i) as owner, first mortgagee or covenant chargee of a lot (identifying the lot), or

(ii) as a company nominee, or

(iii) by proxy, and

(c) if the vote is being cast by proxy--the name and capacity of the person who gave the proxy.

Note--: See the Electronic Transactions Act 2000 , section 9, in relation to requirements for the electronic signature of a person.

(4) The completed ballot paper must be returned to the chairperson.

(4A) For the Act, section 271(2)(n), the ballot paper--

(a) may be provided or delivered by electronic means specified in the notice given under clause 14(a) in relation to the meeting, and

(b) if the ballot paper is provided or delivered by electronic means--must be returned to the chairperson in a way specified in the notice given under clause 14(a) in relation to the meeting.

Note--: See the Act, Schedules 1 and 2, and this Regulation, clause 14, in relation to notices for meetings.

(5) Until all places for membership of the strata committee have been filled, the chairperson is to declare elected successively each candidate who has a greater number of votes than all other candidates who have not been elected.

(6) If only one place remains to be filled but there are 2 or more eligible candidates with an equal number of votes, the candidate to fill the place is to be decided by a show of hands of the persons present and entitled to vote.

(7) For subclause (6), a person is taken to vote by a show of hands on a matter at a meeting if--

(a) the notice for the meeting specified voting by electronic means while participating in the meeting as a way of voting at the meeting, and

Note--: See the Act, Schedule 1, clause 28(3) and this Regulation, clause 14(a).

(b) the person uses the electronic means to indicate the voter's choice on the matter while participating in the meeting.