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The body corporate has the power by special resolution to determine a fair and reasonable method for committee members to be elected (Standard Module Section 12 (1)&(6)). In the event that the body corporate does not determine its own procedure the legislation prescribes the methodology for election of the committee.
Where nominations for the committee exceed the required number a ballot must be conducted (Standard Module Section 18). If nominations do not exceed the positions then the person chairing the meeting must declare the persons nominated to be elected unopposed.
Under the legislation an election must be a secret ballot unless the body corporate otherwise resolves by ordinary resolution to elect the members by open ballot (Standard Module Section 12(2)). The procedure for the conduct of a secret ballot is prescribed under Standard Module Sections 16 to 23. The secretary may only place a name on the ballot documents if satisfied the nomination complies with the requirements of the Body Corporate and Community Management Act. The secretary must hold in custody all ballot papers received before the annual general meeting ends. The procedure for the conduct of open ballots is prescribed under Standard Module Sections 17 to 23. For both the open ballot and the secret ballot the chairman, NOT the secretary, is the officer responsible for the counting of the votes (Standard Module Section 19(6)). Each candidate and any appointed scrutineer may watch the count. It is also the responsibility of the chairman to make a determination on the validity of each vote (Standard Module Section 20(1)).
In the ballot all votes are of equal value. The contribution schedule is NOT the value of the vote, as is the case for voting on motions. If candidates receive an equal number of votes, then the successful candidate will be decided by chance, for instance by a flip of a coin.
