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Topic
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My husband & I are joint owners of our unit. The Act apparently requires one of us to provide the other with a proxy, in order to vote. So far, we have been to two AGMs, with only one of us voting by consent of the other, but it has all been verbal. I have not been able to find anything on the net or in this forum about a requirement to use the official proxy form. I know JimmyT touched on this subject only recently, but he didn’t mention how it is supposed to be done. Can anyone help please?
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Yes it is dealt with in Schedule 2, paragraph 10. What it means is that either it is done by proxy, or one of them can vote if the other/s are either absent or give consent, or the person who votes is the first person named on the strata roll (title). So it doesn’t have to be by proxy.
(4) Exercise of voting rights by joint owners to be by proxy The voting rights of joint owners of a lot may not be exercised by them individually but may be exercised:
(a) by a proxy (who may be one of them), or
(b) as provided by subclause (5).
(5) Other circumstances in which joint owners may exercise voting rights If, on a vote at a general meeting, the rights of joint owners of a lot are not exercised by a proxy as referred to in subclause (4), one of them may act as such a proxy:
(a) if the other joint owners are absent or such of them as are present give their consent, or
(b) if paragraph (a) does not apply-if he or she is the owner first named on the strata roll as one of the joint owners.
It is not an easy act to follow, but they never are. I still get confused and I have been staring at it for about 15 years.
