Strata Titles – South Australia – Question on Voting RE: 3 Lots

Hello All,

I have a “simple” question regarding voting for strata titles in South Australia.

I have read the relevant legislation, as well as the changes to special resolutions in 2013, but I’m still confused on this seemingly simple matter.

Scenario: There is a strata title, consisting of 3 units. A matter is voted on, where 1 unit is FOR, 1 AGAINST, and 1 chooses to ABSTAIN.

Question: Obviously a unanimous resolution will fail, but which way would a special resolution go, and which was would a general/ordinary resolution go?

In regards to a special resolution, the new laws state (for a group of 3) that a resolution will pass if no more than 1 unit votes against. I have been unable to find a solid answer as to how an abstained vote affects this rule.

Does the abstained vote cause the pool to shrink to 2, and thus require 2 out of 2 to pass? Or, does the rule still hold that more than 1 against is required, and thus an abstained vote does not affect this?

• This topic was modified 9 years, 10 months ago by  NuttaOz.