Often you cannot vote on ordinary meeting business once your levies or other scheme amounts are overdue, but there is no single Australia-wide rule. The restriction, the balance that counts, the payment cut-off and the motions you may still vote on depend on the state or territory, the scheme type and the resolution being considered.
There is no single Australian rule. Eligibility can change motion by motion, so check the meeting notice, your ledger and the exact provision being applied before the meeting.
Owing levies does not necessarily remove every meeting right. In many schemes an owner may still receive the notice, attend and participate, but the chair must exclude a vote that the governing law says cannot be exercised or counted. Eligibility can change motion by motion because ordinary, special, unanimous, no-dissent, unopposed and termination resolutions are treated differently around Australia.
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What does "owe levies" mean for voting?
The legal test is usually narrower than simply having a balance on the account. It may refer to contributions that are due and payable, a body corporate debt at the time of the meeting, an outstanding amount recoverable under the Act, or all amounts payable for the lot. Interest, recovery costs and other scheme debts may count in some jurisdictions. A future instalment that has been billed but is not yet due will not always make the owner unfinancial.
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Why the resolution type matters
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What should I do before the meeting?
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Can paying before the meeting restore my vote?
Often yes, if the relevant amounts are fully paid by the cut-off in the local law and the payment is properly recorded. The safe practice is to pay several business days early. In New South Wales, an owner who was unfinancial when notice was given may regain eligibility for non-unanimous motions by paying all relevant amounts before the meeting. In Victoria, payment by a method other than cash must be made at least four business days before the AGM or special general meeting.
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A useful email to the manager: please provide my current lot ledger, identify the amount said to affect my voting rights, cite the applicable provision and confirm which agenda motions I am entitled to vote on. If I pay the required amount, please confirm the deadline and when the voting register will be updated.
Can an owner in arrears vote? State and territory guide
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Special situations that can change the answer
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What if the chair says I cannot vote?
Ask which amount, cut-off and legal provision are being relied on.
Show any receipt and written confirmation, and ask the manager to check the current ledger.
Ask the chair to rule separately for each resolution type rather than excluding every vote automatically.
Request that your objection, the ruling and the treatment of your vote be recorded in the minutes.
Obtain the minutes and voting record promptly after the meeting.
If the result may have changed, get local strata-law advice quickly because challenge pathways and time limits vary.
Keep any objection factual and preserve the record. The meeting can usually continue while the eligibility issue is noted for later review.
Can an incorrect exclusion invalidate the resolution?
Possibly, but not automatically. The available remedy depends on the jurisdiction, the type of resolution, whether the vote should have counted, whether the outcome was affected and the relevant tribunal or court powers. Preserve the notice, ledger, receipt, proxy, voting record and minutes, then obtain advice about the correct review pathway.
Key takeaways
There is no Australia-wide yes or no answer; state law, scheme type and resolution type control.
Most jurisdictions restrict at least ordinary votes once the relevant debt test is met.
Protected motions differ — never assume special and unanimous votes are treated alike.
Tasmania's standard single-body strata provisions do not state the usual arrears restriction.
A payment plan, dispute or proxy does not automatically restore the vote.
Pay early, obtain an updated ledger and ask for written confirmation before the meeting.
Related questions
Can I still attend the meeting if I cannot vote?
Often yes. Victoria expressly allows attendance, and many other schemes distinguish attendance from voting. Check the meeting procedure and ask that any speaking request be managed by the chair.
Does a payment plan let me vote?
Not automatically. A plan may pause recovery or spread payments while the account remains in arrears. Ask whether the arrangement changes voting eligibility under the applicable law.
Can my proxy vote if I owe levies?
Usually not where the restriction attaches to the lot or owner's entitlement. A proxy cannot normally exercise a greater right than the person who appointed them.
Can I vote on a special or unanimous resolution?
It depends. Victoria preserves both; New South Wales preserves unanimous votes but not special votes; the ACT, Queensland, Western Australia, South Australia and the Northern Territory have their own exceptions.
Am I unfinancial if the next levy is not due yet?
Not necessarily. Many rules focus on amounts that are due, outstanding or recoverable at a stated time. Confirm the exact legal test and due date for your scheme.
Can I pay on the day of the meeting?
That is risky. The payment may not clear or be recorded in time, and Victoria requires non-cash payment at least four business days before the meeting. Pay early and obtain confirmation.
What if I was wrongly prevented from voting?
Ask for the ruling and your objection to be minuted, collect the voting record and get prompt local advice. The remedy and time limit depend on the jurisdiction and whether the result was affected.