How Does a Round-Robin Vote Work? | EstateIQ Q&A
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How does a round-robin vote work?

ELA - EstateIQ Legislative Assistant

ELA

EstateIQ Legislative Assistant

A round-robin vote in the context of a sectional title scheme refers to a written resolution process — where owners cast their votes without holding a physical meeting.

Under the Sectional Titles Schemes Management Act (STSMA), both special resolutions and unanimous resolutions can be adopted in writing, provided the relevant voting thresholds are met as if the vote had taken place at a meeting.

⚙️ Legal Basis

Defined in STSMA section 1(1):

  • A special resolution may be "agreed to in writing by members of a body corporate holding at least 75% of all votes (in both number and value)."
  • A unanimous resolution may be "agreed to in writing by all the members of the body corporate."

This written agreement process is what is commonly called a round-robin vote.

📝 How It Works in Practice

1. Proposal circulated:

The trustees or managing agent send the proposed resolution to all owners, usually by email or registered post, together with explanatory material.

2. Each owner votes in writing:

Owners record their vote ("in favour" or "against") and sign or electronically confirm it.

3. Collection and verification:

The body corporate collects the signed votes and confirms whether the necessary percentage (75% or 100%) has been achieved, calculated in both number and value.

4. Record and filing:

  • The resolution is dated and entered into the body corporate's minute book as if passed at a meeting.
  • If it amends the scheme rules, it must also be lodged with the Chief Ombud under STSMA section 10(5).

⏱️ Minimum Timeframe / Notice Period

Although the Act does not specify a fixed minimum timeframe for written (round-robin) resolutions, STSMA section 6(2) provides useful guidance.

It requires at least 30 days' written notice before a meeting at which a special or unanimous resolution will be considered — unless the scheme's rules provide for a shorter period.

Most schemes and managing agents therefore apply this 30-day standard to written votes as a matter of best practice.

In some cases (especially for unanimous resolutions), a longer period of 45–60 days may be allowed to ensure every owner has a fair opportunity to respond.

Summary guideline:

Resolution Type Recommended Minimum Circulation Period Rationale
Special (written) ≥ 30 days Aligns with STSMA s6(2) notice period
Unanimous (written) 30–60 days Ensures full participation from all owners

📘 Key Points

Aspect Special Resolution Unanimous Resolution
Threshold 75% of all members (in number and value) 100% of all members
Meeting required? No – may be done in writing No – may be done in writing
Notice/response time Usually at least 30 days Usually 30–60 days
Binding effect Same as if adopted at a meeting Same as if adopted at a meeting

In short:

A round-robin or written resolution lets a body corporate take formal decisions without convening a meeting, provided every owner receives the proposal, has adequate time (typically 30 days or more) to respond, and the required level of written consent is achieved.

Disclaimer: The information provided here is for general guidance on sectional title legislation and does not constitute formal legal advice. For specific legal interpretation, disputes, or official rulings, consult with qualified legal professionals or the Community Schemes Ombud Service. ELA can make mistakes. Double-check responses.
ELL - EstateIQ Legal Lookup

ELL

EstateIQ Legal Lookup

📘 Legislative References

STSMA Section 1(1): Definitions

special resolution means a resolution

(a) passed by at least 75% calculated both in value and in number, of the votes of the members of a body corporate who are represented at a general meeting; or

(b) agreed to in writing by members of a body corporate holding at least 75% calculated both in value and in number, of all the votes;

unanimous resolution means a resolution

(a) passed unanimously by all the members of the body corporate at a meeting at which

(i) at least 80% calculated both in value and in number, of the votes of all the members of a body corporate are present or represented; and

(ii) all the members who cast their votes do so in favour of the resolution; or

(b) agreed to in writing by all the members of the body corporate.

STSMA Section 6(2)

The body corporate must, at least 30 days prior to a meeting of the body corporate where a special resolution or unanimous resolution will be taken, give all the members of the body corporate written notice specifying the proposed resolution, except where the rules provide for shorter notice.

STSMA Section 10(5)

10(5)(a): If the management or conduct rules contemplated in subsection (2) are substituted, added to, amended or repealed, the developer or the body corporate must lodge with the chief ombud a notification in the prescribed form of such substitution, addition, amendment or repeal.

10(5)(b): The chief ombud must examine any proposed substitution, addition, amendment or repeal referred to in paragraph (a) and must not approve it for filing unless he or she is satisfied that such substitution, addition, amendment or repeal is reasonable and appropriate to the scheme.

10(5)(c): If the chief ombud approves the substitution, addition, amendment or repeal of rules for filing, he or she must issue a certificate to that effect.

10(5)(d): A substitution, addition, amendment or repeal of rules contemplated in paragraph (a) comes into operation on the date of the issuing of a certificate contemplated in paragraph (c) or the opening of the sectional title register for the scheme, whichever is the latest.

Disclaimer: ELL provides official legislative text and estate rules (such as the Code of Conduct) for information purposes only. It does not constitute legal advice. For assistance with legal interpretation or application, please consult a qualified professional.