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Valid Voting Requirements for Bodies Corporate

Published:

28 Apr 26

Modified:

28 Apr 26

Home » Other » Valid Voting Requirements for Bodies Corporate

Valid voting is essential to ensure that decisions made in a body corporate are legally sound, fair, and enforceable. Whether it’s approving a budget, electing a committee, or passing a by-law, the integrity of the voting process determines the validity of the outcome.

Quorums

Before any voting can take place, a quorum must be present at the meeting. A quorum is the minimum number of eligible lot owners (or their representatives) required for the meeting to proceed and for any decisions to be valid.

If a quorum is not achieved, the meeting cannot properly proceed and motions may be invalid.

To form a quorum:

A minimum number of lots must be represented at the meeting
Representation can be in person, by proxy, or via approved electronic/pre-meeting voting (if allowed)
The exact requirement depends on the scheme rules and is usually based on either a number of lots or unit entitlements

If a quorum is not reached within the required time after the meeting is scheduled to start:

The meeting may be adjourned to a later date
Or it may proceed under reduced quorum rules (where permitted)

Quorums ensure decisions are made with adequate representation and that meeting outcomes are legally valid and enforceable.

Who is Eligible to Vote?

Not every lot owner automatically has a valid vote at a body corporate meeting.

To be eligible:

The owner must generally have no outstanding levies or contributions owing at the time of voting.
If there is unpaid debt, the owner’s vote is usually invalid for most motions, except in limited circumstances such as certain special resolutions.

Approved Methods of Voting

In-person or virtual attendance

– owners can attend meetings and vote directly during motions.

Proxy voting

– an owner may appoint another person to vote on their behalf:

Must be completed using the correct proxy form
Must be submitted before the meeting (often at least 24 hours prior)
The proxy must clearly state the lot, owner details, and voting authority

Electronic or pre-meeting voting

– where authorised by the body corporate:

Owners can submit votes in advance
Electronic systems must ensure votes are securely recorded and attributable

Postal voting

– some schemes still allow written ballots submitted by post before the deadline.

Requirements for a Valid Vote

For a vote to be valid, several formal requirements must be met:

The vote must be signed by the owner or authorised proxy
It must include:
- Owner’s name
- Lot number
- Capacity eg: owner, proxy, nominee
It must be submitted within the required timeframe
Only one valid vote per lot per motion is permitted. If two conflicting votes are submitted for the same lot, the vote may be deemed invalid.

For company-owned lots a company nominee form must be lodged before voting rights can be exercised.

Common Reasons Votes are Invalid

Even well-intentioned votes can be ruled invalid if requirements are not met. Common issues include:

Voting after the submission deadline
Outstanding levy balances (where voting rights are restricted)
Missing signatures or incomplete forms
Incorrect or missing lot identification
Duplicate or conflicting votes for the same lot
Invalid or improperly lodged proxy appointments

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