Owners corporations can now deal with a broader range of measures as special resolutions, which can be passed without a unanimous vote. Previously, some significant measures could only be passed if unopposed. Special resolutions are fairer because they don't allow a single vote to veto a measure.
Special resolutions need 75% of people to vote for them (that is, no more than 25% can vote against). Previously, the threshold was 67% (no more than 33% could vote against) but it has been lifted to align with other states such as NSW. Special resolutions apply to matters such as amending rules, changing levy contributions methods and granting special use of common property.
The number of proxy votes one person can hold has been restricted. Previously, there was no limit on the number someone could hold, which could influence voting outcomes.
If there are 20 or fewer units in the unit plan, an owner can hold no more than one proxy vote. If there are over 20 units, the number of proxy votes a person, other than the chairperson, can hold is capped at 5% of the total number of units. A new approved form (Unit Titles (Management) Act 2011—Form 2—Appointment of a proxy) has been developed for owners corporations to provide to their owners to enable them to appoint a proxy. This form must be used to appoint a proxy and must be provided with all notices for owners corporation meetings.
If an owner appoints a proxy, they can use the new proxy voting instructions template [110.7 KB] to instruct their proxy on how they would like to vote. There is also an attachment to instruct on multiple motions [252.7 KB]. This template is not compulsory, please refer to the template for further information.
In most circumstances, only one owner per unit is eligible to be on the executive committee. Previously, two or more part-owners of a unit could be voted onto an executive committee without such checks and balances. This gave them more voting rights on the committee and undermined the principle of one vote per unit.
Developers, builders and other parties involved in a development can no longer vote on matters relating to building defects, including potential litigation, unless they are permitted to do so via a special resolution passed by other owners, or through a declaration obtained from the ACT Civil and Administrative Tribunal. Previously, they could vote on such matters if they owned units within the development. This could block owners corporations from taking action to get building defects rectified.
