South Australian Consolidated Acts

STRATA TITLES ACT 1988 - SECT 34

34—Voting rights at general meetings

        (1)         Subject to this section, at a general meeting of a strata corporation, one vote may be exercised in respect of each unit on any matter arising for decision.

        (2)         If—

            (a)         all of the units comprised in the strata scheme consist of non-residential premises; and

            (b)         the strata corporation has, by unanimous resolution, decided to adopt the voting system provided by this subsection,

then a number of votes is exercisable in respect of each unit equivalent to the unit entitlement of the unit.

        (3)         A vote may be exercised as follows:

            (a)         it may be exercised (subject to paragraph (b)) by the unit holder or a proxy of the unit holder;

            (b)         if there are two or more unit holders in respect of the same unit, the following provisions apply:

                  (i)         if only one attends the meeting—the vote is exercisable by that unit holder;

                  (ii)         if two or more attend the meeting—the vote is exercisable by one of them on behalf of all in accordance with an agreement between them or, if there is no such agreement, by the unit holder whose name appears first on the certificate of title for the unit.

        (4)         A unit holder may exercise an absentee vote on a proposed resolution by giving the secretary written notice of the proposed vote at least six hours before the time of the meeting.

        (5)         A written ballot may be demanded by a unit holder (or a proxy of a unit holder) attending a meeting.

        (6)         Such a ballot will be taken amongst the unit holders (or proxies of unit holders) attending the meeting in such manner as the person presiding at the meeting thinks fit.

        (7)         Except where a unanimous resolution is required, a vote is not exercisable in relation to a unit unless all amounts due and payable to the strata corporation in respect of the unit have been paid.

        (8)         A decision supported by the majority of votes cast at a duly convened meeting of the corporation will be taken to be a decision of the corporation (unless a special or unanimous resolution is required).