Unit Titles (Management) Regulation 2011 (ACT)

This case was heard in the ACT Civil and Administrative Tribunal, involving an appeal against a decision by an owners corporation regarding the voting process in a general meeting. The appellant challenged the decision of the owners corporation to conduct a vote on a specific motion via electronic means, arguing that the process was not properly conducted in accordance with the Unit Titles (Management) Regulation 2011 (ACT). The primary legal issues before the Tribunal were whether the owners corporation had correctly adhered to the provisions of the Regulation in conducting the electronic vote, and if the process provided reasonable access to all members to participate in the voting.

The Tribunal considered the Regulation's requirements for electronic voting and found that the owners corporation had provided information about the electronic voting process in the notice of the meeting, and made reasonable efforts to ensure members had access to the necessary facilities to vote electronically. The Tribunal also noted that the Regulation allows for amendments to motions that are to be decided partly by pre-meeting electronic voting, provided the amendments do not change the subject matter of the original motion. Given these findings, the Tribunal concluded that the owners corporation had followed the correct process for conducting the vote and dismissed the appeal.

As a result of the Tribunal's decision, the appeal was dismissed, and the original decision of the owners corporation was upheld. The Tribunal found that the owners corporation had complied with the relevant provisions of the Regulation in conducting the electronic vote, and therefore the appeal was not successful.