This article discusses the VIC how to vote guide, focusing on whether nominee biographies and voting instructions can be included in AGM papers.
Question: What are the rules for including committee nominee biographies and how to vote guides in AGM notices?
Two years ago, our strata manager distributed biographies written by committee nominees to all lot owners and also circulated a how to vote guide written by the committee secretary. There was no formal committee motion authorising the strata manager to do either of these.
This year, when I sent my nominee form and bio to the strata manager, I was told that, “as per requirement under the Act”, the biography must be no more than 300 words. When I asked where this was stated, they admitted it’s not in the Act but said the bio is a privilege and compared it to the 300-word limit for explanatory notes on motions. Can you please confirm the actual requirements for including nominee biographies in AGM papers and whether the secretary can send how to vote notices to owners?
Answer: Nominee biographies are not required by law, nor is there a word limit in the Act.
1. Nomination Biographies
There is no requirement in the Owners Corporations Act 2006 (Act) or the Owners Corporations Regulations 2007 (Regulations) for nomination biographies to be submitted or distributed.
- The Act does not prohibit the inclusion of a biography by a nominee.
- There is no reference to a word limit (e.g. 300 words) for biographies under the Act or Regulations.
- The reference the strata manager made to a “300-word limit” relates to a completely different section of the Act—specifically:
- Under section 13(2) of the Act, an explanatory note for a motion submitted to a general meeting must not exceed 300 words.
- This limit only applies to explanatory material for motions, not biographies or election materials.
2. Distribution of Biographies by the Strata Manager
The strata manager is a service provider of the owners corporation and must act within their delegated authority under a contract or OC resolution.
- If the strata manager sends out bios or other materials without an OC resolution or written delegation, this may be outside their authority.
- A formal decision by the OC or its committee should authorise such communications, especially if they may be seen to influence voting.
The OC committee (or the OC at a general meeting) should consider passing a motion if it wants the strata manager to distribute nomination bios.
3. How to Vote Communications by the secretary
There is no provision under the Act or Regulations allowing or requiring the secretary to issue how to vote guides to lot owners.
- The secretary’s role is administrative (e.g. sending notices, keeping records), not political.
- Sending how to vote guides, especially if biased, could be seen as an inappropriate use of office and contrary to the principles of good governance under the Act.
A how to vote document should not be distributed by the secretary unless:
- It is formally authorised by a committee resolution, and
- It is neutral and purely instructional (e.g. explaining how to cast a vote), not promoting certain candidates.
Conclusion
- Nominee biographies are not required by law, nor is there a word limit in the Act. The 300-word rule applies only to motions, not bios.
- The OC or committee should formally authorise the strata manager to distribute nomination materials.
- The secretary should not issue partisan voting instructions. Any such communication should be formally authorised and neutral in content.
For best governance, the OC should adopt a clear policy on election communications, including:
- Whether bios are accepted and their format.
- Guidelines about who is authorised to distribute them.
- Prohibition of unauthorised or partisan communications.
Ben Quirk TOCS E: ben.quirk@tocs.co P: 0448 663 616
This post appears in the December 2025 edition of The VIC Strata Magazine.
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Read next:- VIC: Owners Corporations Blog- Voting at Meetings- Ordinary Resolutions
- VIC: Q&As Holding Proxies and Majority Owners – Voting, Conflicts
- VIC: Q&A Voting on Motions at the Owners Corporation Meeting
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