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Topic
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1. If a “hands up” vote is in favour of an AGM motion but the motion is lost on a poll because of EC proxies, must the Secretary record in the minute the “hands up” voting result, and then the poll voting / result ?
2. If a motion is moved that requires an EC to hold properly constituted meetings, in place of a practice of holding meetings by signature after a secret conclave of EC members, should the EC and its proxies abstain from voting on the motion because of conflict of interest, rather than over-ride the will of the audience in favour of the motion ?
3. If a Strata Manager sends out AGM minutes soon after a meeting that do not record the for and against voting numbers from a poll vote, what can Owner do to require the numbers to be recorded ? (As that would indicate the extent of support – or limit of it.)
4. If an amendment to an AGM motion is moved and lost, must this be recorded in the Minutes as a decision of the meeting ?
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Replies
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Note I am in the ACT so things might not be quite the same. Following is what I would expect:
1) The minutes could record simply the motion, that a poll was demanded, and the result.
2) No, everyone (assuming they are financial etc) whether present in person or by the appointment of a proxy is entitled to vote on any motion put. However, the details of the proxy appointment should say whether the person is appointed to vote on any motion that comes up as they see fit, or just on the notified motions or as directed on a form. On at least one occasion I have voted twice one way and once the other way because I was proxy for people directing me to vote in different ways.
3) I would expect that the numbers would be recorded if a poll vote were demanded but I don’t think it would be required in the ACT.
4) Yes, I would expect every motion put to be recorded, even procedural motions and amendments that are lost.
Further to Peter’s response (with which I agree), the relevant Legislation is the NSW Strata Schemes Management Act (SCMA) which at Schedule 2, Cl 20. states that with regard to the recording of votes, the declaration of the Chairperson is sufficient to declare the outcome of Motions resolved by way of a “hands-up” vote, but by its use of the words “otherwise than on a poll” infers that resolutions determined by way of a poll vote must record the details for and against the Motions.
With regard to Meetings of Executive Committees, Schedule 3, Pt 2 of the SCMA sets out the procedures to be followed, and in summary those cannot be conducted by way of a “secret conclave”.
Whilst it’s said that “he who hold the pen controls history” it is customary, although not mandatory, for General Meeting Agendas to include a Motion for those present to resolve to confirm the Minutes of the previous Meeting as a true record of those proceedings. That’s your opportunity to have the Minutes amended, or at worst to request a poll vote on that Motion so that the numbers for and against acceptance may be at least recorded.
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