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Strata and Community Schemes – Electronic voting and affixing of seal electronically

Julian Peters

Pre-meeting electronic voting

Under the provisions of the Strata Schemes Management Amendment (COVID-19) Regulation (No. 2) 2022 and the Community Land Management Amendment (COVID-19) Regulation (No. 2) 2022, pre-meeting electronic voting is now permitted.

Certain rules and methods of voting have been set out by these Regulations. This includes what type of voting is permitted, what is to be specified in the notice of the meetings, together with how a motion may be approved and/or amended. It should be noted that an election of the Strata Committee may not be determined by this method of voting.

Reasonable steps must be taken by the Owners Corporation or the Community Association in advising people how they can participate in the meetings, including:

  1. Multiple ways of participation;
  2. Electronic voting and person is taken to have voted by ‘show of hands’ at a meeting if they vote electronically; and
  3. Electronic delivery of ballot papers.

Nominations for offices of the Strata Committee or the Association must be made by written notice or orally at the meeting Corrections can be made by written notice given to the person convening the meeting. If the notice of the meeting indicates that electronic voting is permitted, voting by that means can take place.

There are also a number of specified rules relating to the affixing of the Owners Corporation’s or Community Association’s seal, which in some circumstances is not permitted to be by electronic means.

How can we help?

Please contact Sara Hatcher or Julian Peters of our Sydney Property Team for assistance.

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