Can the chairperson use an extra or ‘casting vote’ to break a tied vote?

Strata LivingOwning in StrataStrata CommitteeStrata Meetings & VotingRights & Responsibilities

17 Oct

In this month’s Strata Q&A, we received a question from Liam in New South Wales, who asks whether their chairperson has the ability to cast an additional vote to break a tied vote. Is this correct, or should the motion fail?

**Q. Can the chairperson use an extra or ‘casting vote’ to break a tied vote?**

At our NSW strata committee meeting last night, we had a 3–3 deadlock on a motion. The chairperson said that because our scheme has fewer than 10 lots, he has a casting vote and used it to pass the motion. I’m not convinced that’s right. Is the chair actually allowed to break a tie like that?

A. Every member of the committee — including the chairperson — gets one vote only. There is no extra or special “chairperson’s vote” under NSW strata law.

Under the Strata Schemes Management Act 2015 (NSW), all strata committee decisions must be made by a majority of committee members present and entitled to vote. Every member of the committee — including the chairperson — gets one vote only. There is no extra or special “chairperson’s vote” under NSW strata law.

If a vote ends up tied (for example, 3 in favour and 3 against), the motion does not pass. A tie is treated the same as a loss because a majority has not been achieved. The legislation is clear: the chairperson does not have a casting vote for strata committee meetings, regardless of the number of lots in the scheme. This is confirmed in Schedule 2, Part 3, Clause 8 of the Act.

When a vote is deadlocked, the correct outcome is that the motion fails, and the meeting minutes should record the tie and state that the motion was not carried.

If owners are concerned that the committee (or chairperson) has acted outside their powers, or if a decision was wrongly declared “passed,” owners can apply to the NSW Civil and Administrative Tribunal (NCAT) for clarification or a review of the decision. NCAT has the authority to invalidate improperly made committee resolutions.

Bottom line: in NSW, the strata chairperson has no casting vote. A tied vote at a strata committee meeting means the motion is defeated — full stop.