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Dear Jimmy, we need to know the rules around the calling of an extra-ordinary General Meeting of the Owners Corporation. I assume such a meeting is called by a majority vote of the Executive Committee. Is this correct and are there any other grounds for, or ways of ‘calling’ for, an extra-ordinary General Meeting ?
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JimmyT said:
Those proxies are valid whether or not the owner has been notified of the meeting.
Please read the posts answering your questions before you send off your next question.
A proxy can't be signed but not 'given'. If it's an ‘open’ proxy form, correctly signed and dated, then it has been 'given' because the person holding it just needs to fill in their name.
A verbal proxy “isn't worth the paper it's printed on”.
A valid proxy operates until:
- the time stipulated on it runs out
- or for a year or for two AGMs (whichever is the greater)
- or if another later valid proxy is signed
- or the proxy giver turns up at the meeting and votes.
If you want to be certain that this person's proxy has been correctly assigned, take them a proxy form, explain the facts to them, get them to sign it and (very important) date it. The new proxy will supersede any previous version.
Your question about how a proxy holder or their agent can make an informed decision without proper notification is moot. It happens all the time, not least because a lot of owners and their proxy holders don’t even read agendas.
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An instrument appointing a proxy must in in or to the effect of Form 2 in Schedule 8 of the Strata Schemes Management Regulations 2010 –
It is also important to note that an owner can authorise the proxy to vote only on specific matters and may place limitations on the manner in which they want the proxy to vote.
Simone Balsara
Lawyer
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02 9562 6500 – 1300 TEYSLAWYERS
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