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Hello, can you please tell me: at the annual meeting, when we vote for the new EC, do proxies count in the voting process or is it only owners who are actually present on the night?
Also, if someone is nominated, can other owners vote against them getting an EC seat?
Thanks
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If you are in NSW (and just about anywhere else) it is the owners both present and by proxy who can vote (provided their levies are up to date).
Owners entitled to vote can nominate anyone they want – whether they are an owner or not – although co-owners can’t nominate themselves (but one can nominate the other, providing her or she isn’t standing for election).
You can call for a poll vote (based on unit entitlements) and you can ask to check the validity of all the proxies – they have to be on the correct form and submitted more than 24 hours before the meeting.
This, by the way, is where proxy harvesting really kicks in. The EC round up all their proxies, elect only the people they want on the committee, control the flow of information – only good news, never bad – and make sure they get all the proxies again the next time round.
Power corrupts – absolute power corrupts absolutely.
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In answer to your second question, can other owners vote against someone being on the EC, that depends on the number of members of the EC, as determined by the owners at the AGM.
You can have up to 9 members of an EC. The owners have to vote how many they want on the EC, and that can be any number up to 9. For example, if the EC decides that the EC should have 5 members and there are 6 people nominating to be on the EC, then it comes down to a vote. The person who gets the least votes will not be on the EC.
That is slightly different from voting against someone, what you are doing is voting for someone else in preference to them.
If the owners determine that there should be 7 members of the EC, and 7 members nominate, there is no need for a vote and they are all EC members.
If you want to keep someone off the EC, what you can do is agree with other owners to have a certain number whereby you know that you can exclude a certain person who may wish to nominate, providing you are certain you have the votes. That is what Jimmy is referring to, and I agree however, it can work both ways. We have one owner here who is a total pain in the neck, and having him on the EC would be an absolute nightmare.
And the answer to your question re keeping the proxy farmer off the EC, is yes, that is how you do it.