ACT strata meeting reforms: what could change for owners?

The people who are there may still be able to decide under the current rules. Even then, the decision generally has to wait 28 days before it takes effect.

For residents dealing with a building issue, that is a long time to wait for a decision to turn into action.

Vantage Strata sees how this plays out in the Canberra communities we manage. Owners need a fair chance to understand and vote on what happens to their building, and committees need a way to progress decisions once they have been made properly. We brought that insight to the stakeholder discussions on ACT strata reform, and the resulting Bill introduced on 17 September proposes changes that could ease these delays.

How could meetings change?

A meeting could make decisions with fewer units represented

The usual minimum number of units that must be represented before a meeting can vote on an item is called a quorum. For most owners corporations with three or more members, the proposal would lower that minimum from half the units to one-quarter. For a 100-unit apartment building, votes representing 25 units would meet the proposed minimum, down from 50 now. The current minimum for unit-titled retirement villages is one-third; the proposal would lower it to one-quarter too. The minimum is checked for each item being voted on, so who can vote and what authority they have still matter.

A decision made with fewer participants could take effect sooner

The current rules can allow those taking part to decide an item even if the usual minimum has not been reached. The decision normally takes 28 days to take effect. Under the proposal, it would take effect the next day, provided the owners corporation complies with the requirement to send written notice of the decision. That could help a committee move ahead on repairs or another time-sensitive matter. The existing requirement to notify owners within 14 days after the meeting would remain.

A vote sent in before the meeting could help reach the minimum

If you cannot attend, you can already vote in advance on items included in the meeting notice. Today, your vote counts when the result is worked out, but it does not help the meeting reach the minimum participation needed to vote on that item. The Bill would make it count towards both. You could also ask someone to vote for you at the meeting. The Bill would make clear that you can let that person vote on all items or limit them to particular items. Those limits are important when the minimum participation is counted for each vote.

The way owners can challenge a decision made with fewer participants would change

Currently, a petition signed by a majority of people entitled to vote can cancel such a decision during the 28-day waiting period. The Bill would remove that process. An owner could still ask the ACT Civil and Administrative Tribunal (ACAT) to consider whether the decision was made validly. The owners corporation would still have to notify owners of the decision in writing.

What does this mean for you as an owner?

These changes could help your owners corporation make decisions and put them into action without unnecessary delay. They would also give your vote more practical value when you cannot attend in person.

Owners still need clear meeting notices and information about what they are being asked to decide; the correct voting rules still apply. Reading the papers, asking questions, voting in advance where available or choosing someone you trust to vote for you all help your community make sound decisions. If you appoint someone, be clear about which items they may vote on for you.

Has anything changed yet?

No. The Bill is still before the ACT Legislative Assembly, so current meeting rules continue to apply. If it passes in its present form, the meeting changes would begin three months after the new Act is officially notified. We will follow its progress and explain any changes before they take effect. Your Vantage Strata manager can help you understand how to take part in an upcoming meeting under the rules that apply now.