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[Millie]

At our recent AGM a former Chairman who sold his apartment to his daughter years ago – the daughter is on the EC – stood for election to the EC and won.  His standing for election was challenged as both he and his daughter now make up two of the nine membrs of the EC, the daughter being the only ‘owner’ of an apartment in the building.  

The strata manager said at the AGM that the former Chairman could stand for election as another owner had given him their proxy to stand.  The Strata Manager has been asked on numerous occasions for details on who the ‘proxy’ owner is, but has refused to give any details.  

What to do?

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[Whale]

The appointment of the former Chairman was made correctly (in NSW), provided he held the proxy of an Owner that permitted him to attend the Meeting and to vote on all matters on the Agenda (including the one to receive nominations for and to elect the Executive Committee), and provided he was nominated for election to the Committee by another Owner present at the Meeting who was themselves not a nominee for election (so his daughter could not nominate him).

As for the identity of the Owners who granted the proxies, the Minutes of the Meeting must show all people in attendance both personally and by proxy from Owners, so your former Chairman should be listed there as ” (name) by proxy from the Owner of Lot – “.

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[scotlandx]

Whale is right – but it may be that the former Chair was not properly nominated for election to the Committee, based on what you have said.

Giving a proxy and nominating someone for the Committee are two separate things, if only a proxy to vote was given then there was no valid nomination.  A proxy only allows someone to vote on matters at the AGM, not to nominate for the EC.  It’s a common misunderstanding that a proxy can also be used to nominate.

As Whale has said, the minutes should say who gave the proxy, that is standard.  If the strata manager won’t give you those details you may have to put more pressure on him/her.  You need to ask both for the proxy and the written nomination, presuming the nominating owner wasn’t at the meeting.

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[Millie]

@scotlandx said:
Whale is right – but it may be that the former Chair was not properly nominated for election to the Committee, based on what you have said.

Giving a proxy and nominating someone for the Committee are two separate things, if only a proxy to vote was given then there was no valid nomination.  A proxy only allows someone to vote on matters at the AGM, not to nominate for the EC.  It’s a common misunderstanding that a proxy can also be used to nominate.

As Whale has said, the minutes should say who gave the proxy, that is standard.  If the strata manager won’t give you those details you may have to put more pressure on him/her.  You need to ask both for the proxy and the written nomination, presuming the nominating owner wasn’t at the meeting.

Thanks folks.  AGM held 20 November.  Still no sign of the Minutes.  Will check when they’re received.  

Cheers

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