Short answer
An owner who is behind on their levies is “unfinancial” and generally can’t vote on most matters at a general meeting until the arrears are paid. The one exception is a motion requiring a unanimous resolution, where an unfinancial owner may still vote.
How arrears affect a vote
Under NSW strata law, a vote by an owner who was unfinancial when notice of the meeting was given does not count — unless they pay all outstanding contributions (and any other amounts recoverable) before the meeting. So an owner in arrears can restore their vote simply by clearing what they owe before the meeting starts.
The restriction applies to the owner’s own vote and to anyone voting on their behalf, such as a mortgagee with a priority vote.
The unanimous exception
There is one carve-out: an unfinancial owner can vote on a motion that requires a unanimous resolution. Because those decisions are the most significant of all and need every voter’s agreement, the Act doesn’t strip the vote away over unpaid levies. On ordinary and special resolutions, though, the arrears rule applies.
Tracking who can vote — without a manager
Working out, meeting by meeting, who was financial as at the notice date and whose vote counts is exactly the sort of bookkeeping a self-managed committee can get wrong. Straita tracks levy balances against the notice date, so when the meeting runs it’s clear whose vote counts and who needs to pay up first — and the record backs it up if a result is questioned.
Primary sources
- Strata Schemes Management Act 2015 (NSW) — votes by unfinancial owners and the unanimous-resolution exception (Schedule 1).
- NSW Government — Strata schemes (Fair Trading) — levies and voting rights.