When it comes to making important decisions within a group of property owners, it is crucial to ensure that everyone’s opinion is heard and valued. This is where a secret ballot comes into play.
A body corporate secret ballot is a common practice that allows individuals to freely express their opinions without any fear of the consequences. It is especially important when dealing with significant or controversial decisions.
This article covers when and how to use a secret ballot in a body corporate.
In Queensland, the Body Corporate and Community Management (Standard Module) Regulation 2020 and the Body Corporate and Community Management (Accommodation Module) Regulation 2020 offer clear instructions regarding the appropriate use of secret ballots within a body corporate setting. These regulations not only provide guidance on when secret ballots should be utilised but also outline specific scenarios where their use is mandatory.
No matter the purpose behind conducting a secret ballot, the legislation offers comprehensive guidelines on how the process should be carried out to maintain its fairness and reliability.
When casting a hard copy vote for a secret ballot motion, the following process and guidelines must be followed:
5. Give the completed secret voting paper envelope to the returning officer or forward the envelope to the returning officer, so that it is received before the votes are counted at the general meeting
The appointment of a returning officer by the body corporate is mandatory for each general meeting where a motion is to be decided by secret ballot. The following functions are to be performed by the returning officer, as determined by the body corporate:
Electronic voting is gaining popularity and being more frequently employed for secret ballots within body corporates. This is applicable when the body corporate has adopted a resolution permitting voters to submit electronic votes for motions that are decided through secret balloting.
For the body corporate to pass such a resolution, the electronic voting system must fulfill the following criteria:
Additionally, when casting an electronic vote, individuals must comply with any requirements specified in the Electronic Transactions (Queensland) Act 2001 regarding the signing or electronic sending of documents.
While the process of conducting a secret ballot may seem complicated, it is crucial to ensure that everyone involved has confidence in the outcome of the vote, regardless of the decision made. By following the prescribed process, the integrity of the vote is maintained, and the outcome can be accepted as a fair representation of the body corporate’s collective decision.
If you are an owner within a body corporate, it is essential to understand the use of secret ballots and how they are conducted. By doing so, you can ensure your voice is heard and counted, and the collective decisions made by the body corporate are fair and equitable. If you have any concerns or questions with regards to the secret ballot process, you can always reach out to the team at BCsystems for expert advice and assistance.
On 24 April 2024, the Queensland Government announced more changes to the legislation regarding pets. Taking effect from 1 May 2024 these will impact nearly all body corporate communities in Queensland. This article touches on those changes, how they compare to the previous legislation, and what it means for body corporate committees.
Like any communal living arrangement, disagreements can and do arise amongst residents. This article looks at the process of self-resolution and resolving disputes with other residents in a body corporate scheme.
