- This topic has 1 reply, 2 voices, and was last updated 9 years, 6 months ago by .
-
Topic
-
I live in a complex of 35, I am a tenant. My owner gives me her proxy for all AGM and other relevant meeting to act on her behalf.
Another owner had given me their proxy whenever they are unavailable to attend meeting.
Under new legislation:-
An owner would be entitled to their vote + that of one proxy – a total of 2 votes
As I have the proxy of my owner am I entitled to another proxy – thus giving me (two proxies) but equal voting as the above owner?
RF-NSW
-
Replies
-
RF said
As I have the proxy of my owner am I entitled to another proxy – thus giving me (two proxies) but equal voting as the above owner?
No, because you are a proxy holder, not a company nominee (i.e. on the strata roll and entitled to vote in your own right).
The law limits the number of proxies held by individuals, not the number of votes. Under the 5 per cent rule, in a building of 35 units, you are entitled to 1.75 votes rounded down to one.
The interesting thing will be when someone says their proxies are rounded down to one but their unit entitlements in a poll vote should be a total of 5 per cent. Look out for that one.
Limit on number of proxies that may be held
The total number of proxies that may be held by a person (other than proxies held by the person as the co-owner of a lot) voting on a resolution are as follows:
(a) if the strata scheme has 20 lots or less, one,
(b) if the strata scheme has more than 20 lots, a number that is equal to not more than 5% of the total number of lots.If you want to be alerted when anyone replies to your posts or responds to this topic, please register and login, then you will be able to subscribe to the topic. The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers. NB: Longer threads may spill over to additional pages - look for the numbers on the bottom right, under the last post.