Western Australian Current Acts

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STRATA TITLES ACT 1985 - SECT 120

120 .         Voting

        (1)         The owner of each lot in a strata titles scheme is entitled to 1 vote on a proposed resolution of the strata company.

        (2)         However, the owner of a lot is not entitled to cast the vote attached to the lot if —

            (a)         the resolution is not required to be a unanimous resolution or a resolution without dissent and is not a resolution for postponing the expiry day for a leasehold scheme or a termination resolution; and

            (b)         there is an outstanding amount recoverable under this Act owed to the strata company by the owner of the lot.

        (3)         A proposed resolution can be put to the members of a strata company —

            (a)         at a general meeting; or

            (b)         outside of a general meeting.

        (4)         A resolution can be proposed only by a member of the strata company who is entitled to vote on the resolution.

        (5)         The vote attached to a lot can, and can only, be cast, if at the time it is cast, the person is entitled to cast the vote attached to the lot.

        (6)         The owner of a lot may cast the vote attached to the lot in person or by duly appointed proxy.

        (7)         However, if a vote is taken at a general meeting at which both the owner of a lot and a proxy entitled to cast the vote attached to the lot are present and the owner is not a co-owner of the lot, the owner of the lot must cast the vote.

        (8)         The voting system, whether it is electronic or by other means, must —

            (a)         enable votes to be cast in a manner designed to protect the integrity of the voting system; and

            (b)         comply with any requirements specified in the regulations.

        [Section 120 inserted: No. 30 of 2018 s. 83.]



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