Your Voice, Your Vote: Unpacking Body Corporate Voting Rights

Living in a strata scheme offers a fantastic lifestyle shared amenities, a strong sense of community, and often, a prime location. But with shared living comes shared responsibility, and at the heart of this responsibility is the Body Corporate. As your trusted Body Corporate Managers in Marcoola, Sunstate Strata often find that understanding voting rights is one of the most crucial, yet sometimes confusing, aspects for lot owners.

Voting isn’t just a formality; it’s your opportunity to have a direct say in the decisions that shape your property, your financial commitments, and your lifestyle within the scheme. It’s about exercising your rights and contributing to the effective management of your shared investment.

Why is Your Vote So Important?

Decisions about the annual budget, maintenance schedules, by-law changes, or major renovations all hinge on lot owners’ votes. When you don’t vote, you hand the decision-making power over to others and their priorities might differ from yours or the Body Corporate’s best interests.

Understanding your voting rights empowers you to:

  • Influence Financial Decisions: Vote on budgets, approve levy contributions, and authorize spending on upkeep and improvements all of which directly impact your expenses.

 

  • Shape Your Environment: Have a say in how common property is used, maintained, and improved. Want a new pool filter? Need better landscaping? Your vote matters.

 

  • Uphold Community Standards: Participate in the creation or amendment of by-laws that govern how residents live together, from pet policies to noise regulations.

 

  • Elect Leadership: Choose who represents you on the Body Corporate Committee, responsible for day-to-day management and decisions acting on behalf of all owners.

Understanding Your Rights: The Essentials

In Queensland, the Body Corporate and Community Management Act 1997 (BCCM Act) and its associated modules (which vary depending on the type and size of your scheme, e.g., Standard, Accommodation, Small Schemes) govern how voting takes place. While the specifics can get detailed, here are the key principles you need to know:

1. Who Can Vote?

Every lot owner usually has voting rights. When multiple owners share a lot, they must agree on who votes or appoint a proxy. Importantly, only financial owners those up to date with their levies are eligible to vote.

 

2. One Lot, One Vote (Generally):

The “One Lot, One Vote” principle ensures fairness in body corporate or strata schemes by giving each lot equal voting power, preventing wealthier owners from dominating decisions. This leveling of voting supports democratic participation and protects minority owners from being overruled by high-value lots. However, voting weighted by contribution entitlement can challenge this principle.

In summary, this principle strengthens fairness by:

  • Equalizing influence among all lot owners irrespective of lot size or financial contribution.

  • Protecting minority interests by preventing high-contribution owners from disproportionately controlling decisions.

  • Encouraging community cohesion through democratic voting practices that honor every owner’s voice equally.

3. Types of Resolutions and Voting Methods:

Types of resolutions and their voting thresholds are designed to ensure that decisions in a strata or body corporate scheme reflect the significance of the matter being decided. Different types of resolutions require different levels of approval, balancing efficient decision-making with protection of owners’ interests.

Here are the main types of resolutions commonly used and their typical voting thresholds:

Resolution TypePurposeVoting ThresholdTypical Examples
Ordinary ResolutionFor routine or everyday decisionsSimple majority (more than 50%) of votes castApproving budgets, minor repairs, electing committee members
Special ResolutionFor significant matters requiring strong consensusUsually at least 75% (3/4) of votes cast in favour, with objections limited (e.g., no more than 25% against)Amending by-laws, major renovations, selling common property
Unanimous ResolutionFor critical decisions needing full agreement100% agreement of all eligible votersChanging management structure, terminating schemes, lot amalgamations
Resolution Without Dissent (varies by jurisdiction)Requires no votes againstNo votes opposedHighly impactful resolutions where unanimity is difficult
Understanding these thresholds helps lot owners know how much support is needed for different decisions, empowering informed participation in strata governance.

4. How to Vote:

Votes can typically be cast in person at a general meeting, by postal vote, or by proxy.

  • In Person: You can vote at the general meeting by attending physically or virtually (via video conferencing platforms like Zoom). During the meeting, the chairperson will call for votes, often conducted by a show of hands, voting cards, or electronic methods.

  • Proxy Voting: If you can’t attend the meeting, you may appoint another person—a proxy—to vote on your behalf. To do this, complete a proxy form in writing and submit it to the secretary before the meeting (usually 24 hours prior for larger schemes). The appointed proxy must attend the meeting and vote according to your instructions. Note, in smaller schemes proxies cannot hold multiple proxy votes beyond limits set by regulation.

  • Pre-Meeting Electronic Voting: Some strata schemes allow owners to submit votes electronically before the meeting starts. This is helpful if you cannot attend or prefer to vote early. Pre-meeting votes must be submitted by the specified deadline (often 24 hours before the meeting).

  • Written or Postal Voting: In some schemes, owners may also be permitted to vote in writing or post their votes to the secretary ahead of the meeting, depending on the rules of that particular body corporate or owners corporation.

By using these voting options, you can ensure your vote is counted even if you’re unable to attend in person. Always confirm deadlines and submit your proxy forms or electronic votes on time to have your say.

5. Quorums Are Essential:

A quorum is the minimum number of eligible voters either lot owners or their proxies required to be present at a body corporate or strata meeting for it to be valid and for decisions made to be legally binding. Without a quorum, any resolutions passed or elections held are considered invalid.

In summary, a quorum guarantees that your strata meeting is properly constituted and that your collective decisions hold legal weight, safeguarding both the community’s interests and the integrity of its governance processes.

How Sunstate Strata Supports You

Navigating the intricacies of Body Corporate voting can seem daunting, but it doesn’t have to be. At Sunstate Strata, we are committed to providing clear, practical advice to all our clients in Marcoola and beyond. We prepare all meeting notices, agendas, and voting papers with clarity, ensuring you have all the information you need to make informed decisions.

Don’t let your vote go to waste. If you have any questions about an upcoming vote, your eligibility, or how to participate, please don’t hesitate to contact the friendly team at Sunstate Strata. Your voice matters, and we’re here to ensure it’s heard.

Contact Us Today

Email or call Sunstate Strata on 07 5450 5300 or visit us at:

Suite 5/ Seaside on the Lake

Cnr Seaside Boulevard & Merchants Parade Marcoola, QLD

Your voice matters. Let us help you make sure it’s heard.

By staying informed and engaged, you empower yourself and contribute to a vibrant, well-managed strata community. Your vote truly makes a difference, so get involved and take control of your shared living experience today!