Forums Levies and Unit Entitlements Current Page

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  • #11098 Reply | Quote
    JC
    Flatchatter

      I’m hoping someone might clarify this:

      If a person owns 2 lots in a building and provides his proxy to a second person, does this count as 1 or 2 for the second person’s proxy count (as per the new Act).

      Thanks again to this fountain of knowledge.

    Viewing 9 replies - 1 through 9 (of 9 total)
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    • #27077 Reply
      Jimmy-T
      Keymaster

        The proxy allocation is per lot, not per person.  The proxy holder is entitled to 5 percent of the total number of lots (or one proxy for schemes under 20 lots) for each lot they own themselves.

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        #27078 Reply
        excathedra
        Flatchatter

          Since fractions are to be rounded down, not up, the effective limit of one per lot applies in schemes of up to 39 lots.

          #27088 Reply

          Hi 

          I have a question in relation to this.  We are having our EGM tomorrow night, largely to determine our new by laws under the Act.  I have a proxy for one other owner.  Firstly, am I able to use her proxy to vote on the by laws and also we both have a reasonable amount of unit entitlements.  Would this have some bearing in relation to the vote?

          #27099 Reply
          Sir Humphrey
          Flatchatter


            @supersleuth
            said:
            Hi 

            I have a question in relation to this.  We are having our EGM tomorrow night, largely to determine our new by laws under the Act.  I have a proxy for one other owner.  Firstly, am I able to use her proxy to vote on the by laws and also we both have a reasonable amount of unit entitlements.  Would this have some bearing in relation to the vote?  

            I am not 100% sure for non-ACT legislation, but generally, I think, unit entitlements only count if someone demands a ‘poll vote’. That is, by default voting is one lot = one vote and only if someone demands a poll vote must votes be weighted by unit entitlements.  

            If you are thinking to demand a poll vote then it would be a nice courtesy, though not required, to let the managing agent or chair know about it in advance. In a large OC it can slow and complicate the voting and it helps to have a spreadsheet set up in advance. 

            #27110 Reply
            BONNIE L
            Flatchatter

              Thanks Jimmy. I’m unclear on your comment as heard in our building of 21 only one proxy vote for the entire building is now permitted.  Your comment sugggests each unit owner is entitled to a proxy vote, as in the past.  Is my summation right I wonder.

              #27111 Reply
              Jimmy-T
              Keymaster

                You are right. It’s one proxy per proxy holder in a building of that size. In the past there was no limit.

                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.
                #27905 Reply
                swoo
                Flatchatter

                  In a Lot of 12 in NSW can the Strata manager who is the Chairperson have a Proxy?

                  #27910 Reply
                  Jimmy-T
                  Keymaster

                    The strata manager can have one proxy vote and only one. Otherwise they don’t have a vote at a general meeting at all. They may not use it in any vote related to their contract.

                    There are no proxy votes allowed at strata committee meetings although, with the approval of the committee, members can represent absent members. 

                    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.
                    #27915 Reply
                    Sir Humphrey
                    Flatchatter

                      In the ACT, the strata manager for a units plan is the one person who cannot be appointed as a proxy for any owner. 

                    Viewing 9 replies - 1 through 9 (of 9 total)
                    Reply To: Proxy voting at a General Meeting under the new Act
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