Electronic voting & electronic seals

Electronic voting in strata

The legislative changes introduced in September 2022 have permanently modernised how strata schemes in New South Wales conduct certain processes. Originally implemented as temporary measures during COVID-19 in June 2020, provisions for electronic voting and electronic common seals are now firmly embedded in the Strata Schemes Management Act 2015 and its regulations.

This change has streamlined operations for owners corporations and strata committees, offering more flexibility, convenience, and efficiency in day-to-day management.

Electronic Voting in Meetings

Owners corporations can now conduct voting during meetings electronically without needing a prior resolution, provided the method of voting is clearly stated in the meeting notice. Virtual attendance can be facilitated via teleconference, video conference, email, or other secure electronic means.

Strata schemes must take reasonable steps to ensure that all eligible participants can vote electronically. This includes providing clear instructions on how to access the platform, troubleshooting assistance if needed, and ensuring the chosen technology is accessible to all owners.

The ability to vote electronically enables greater participation from owners who may be unable to attend meetings in person, helping to ensure more inclusive decision-making.

Pre-Meeting Electronic Voting

Pre-meeting electronic voting remains subject to additional requirements. It may only be adopted if the owners corporation has passed a resolution allowing its use. The meeting notice must state that motions may be amended during the meeting, and that any pre-meeting votes may be invalidated as a result of such amendments.

Importantly, pre-meeting electronic voting cannot be used for the election of strata committee members. This ensures that these elections remain an open and transparent process conducted in real time during the meeting.

If motions are amended, the minutes of the meeting must record the amendments and provide information to owners about how they can request a follow-up meeting if necessary.

Resolutions Made Electronically

Beyond voting during meetings, most resolutions can now be made electronically, allowing for more streamlined decision-making. The key exception is pre-meeting voting for strata committee elections, which must still occur at the meeting itself.

This flexibility has been welcomed by many strata communities, as it allows urgent or routine matters to be addressed efficiently without the need for physical gatherings.

Electronic Common Seals

Electronic forms of common seals are now a permanent feature of NSW strata law. These seals can be used to execute documents, provided they are affixed in the presence of the required witnesses, such as the strata managing agent, authorised committee members, or owners.

When a managing agent attests to the affixing of an electronic seal, they or their authorised officer must sign the document, and the method used must clearly identify the person signing and indicate their intent. Secure electronic signing platforms are recommended to ensure the process remains compliant and protected from unauthorised use.

At Strata Plus, we stay ahead of legislative developments to ensure our clients remain compliant and benefit from the efficiencies these changes provide. If you would like guidance on implementing electronic voting or seals in your building, our team is here to assist.