Q&A: Can an appointed administrator break a tied vote at an AGM?

Meetings, Queensland

2 min
May 19, 2026

Key Takeaways:

Question: What is the administrator’s role at an AGM?

An administrator has been appointed to our body corporate under orders. If owners vote on a motion at an AGM and the vote is tied, for example, two owners vote to appoint a body corporate manager and two vote against, can the administrator use any additional powers to make the decision and break the stalemate?

Answer: It comes down to the terms of the appointment.

It comes down to the terms of the appointment. If an administrator has been appointed to run an AGM and that’s it, then the short answer is no. If they’ve been appointed to run the body corporate, then maybe.

When I’m running a body corporate, and I run an AGM, I want the body corporate to get back to a state of functionality, so I’ll run the AGM and get everybody participating to show them how it should normally be done.

If we then reach a stalemate, I follow the Act. If I’m the chairperson, I’ll do what is in the best interests of the body corporate. An administrator is trying to retrain the body corporate to adopt a habit of being functional, where possible. On the other hand, if a body corporate is so dysfunctional that the administrator has to fix a raft of issues first to get it to a state of functionality, it’s best to concentrate on just getting stuff done and then build from there.

Watch the Webinar here: QLD: Administrator appointments to make the troublemakers pay in a body corporate | LookUpStrata

This article by Queensland Partner Michael Kleinschmidt first appeared in May 2026 edition of The QLD Strata Magazine from LookUpStrata Pty Ltd.

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Michael Kleinschmidt

Partner

Michael Kleinschmidt has specialized in strata law for over 20 years. After admission in Queensland in March 1999, Michael began work establishing a property and strata practice in Brisbane, firstly in respected boutique firms, then as a partner in national and international firms.

After moving back to the Sunshine Coast to raise his family, Michael established his own firm, Stratum Legal Pty Ltd, assembling respected lawyers and talented staff. When the opportunity arose in early 2023 to join forces with Bugden Allen, Michael and his team came on board as part of the Queensland team.

Michael is a fellow of the Australian College of Strata Lawyers (ACSL) and currently serves as President of its Council, effective 1 July 2025.

He is also a member of the Legal Panel of the Australian Resident Accommodation Managers Association (Qld).

Michael has been a long-time member of Strata Community Australia (Qld) and is presently a member of the Professional Standards Committee.

Michael holds both a Bachelor and Masters in Law from the University of Queensland, and a Graduate Diploma in Urban and Regional Planning from the University of New England.

Michael writes on practical strata subjects for a variety of trade publications and websites, regularly presents to industry groups and is an active contributor to strata law reform.

Michael is also a member of the Commissioner for Body Corporate and Community Management (Queensland) Stakeholders’ Group and the Attorney General’s Community titles Legislation Working Group, in each case representing ACSL.

Across his years of practice, Michael has acted for almost all of the different stakeholder groups (occupiers, owners, bodies corporate, management rights’ operators, banks, body corporate managers, property developers and utilities providers) in almost every conceivable strata matter type ranging from structuring duplexes to 400-lot island resorts, litigating leaking roofs before departmental adjudicators through to appealing novel points of strata law to the Queensland Court of Appeal.

View all posts by Michael Kleinschmidt

Michael Kleinschmidt

Partner

View profile of Michael Kleinschmidt

Written by Michael Kleinschmidt

Partner

Michael is a fellow of the Australian College of Strata Lawyers (ACSL) and currently serves as President of its Council, effective 1 July 2025.

He is also a member of the Legal Panel of the Australian Resident Accommodation Managers Association (Qld).

Michael has been a long-time member of Strata Community Australia (Qld) and is presently a member of the Professional Standards Committee.

Michael holds both a Bachelor and Masters in Law from the University of Queensland, and a Graduate Diploma in Urban and Regional Planning from the University of New England.

Michael writes on practical strata subjects for a variety of trade publications and websites, regularly presents to industry groups and is an active contributor to strata law reform.

Written by Michael Kleinschmidt Partner

Michael Kleinschmidt has specialized in strata law for over 20 years. After admission in Queensland in March 1999, Michael began work establishing a property and strata...

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Q&A: Can an appointed administrator break a tied vote at an AGM?

Meetings, Queensland

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Question: What is the administrator’s role at an AGM?

Answer: It comes down to the terms of the appointment.

Michael Kleinschmidt

Partner

Michael Kleinschmidt

ONLINE ENQUIRY

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