I think kaindub’s info is on the money – unfortunately, so too the caveat that an LPR’s right to vote or submit a proxy may be wrongly rejected out of ignorance.
This is not simply an interesting question: In dreaded two-lot schemes, where one of the owners has died, rejection of an LPR’s right to be registered on the strata roll and to vote at meetings can have significant consequences.
In my experience (NSW), even strata law specialists seem unclear about what can and can’t be done (by strata committees, owners’ corps, LPRs and heirs) during the periods from the owner’s death until grant of probate/letters of administration; and then from grant of probate until transfer of title to a new owner (an heir or purchaser from the estate).
Even without the rejection of an LPR’s standing, it seems that’s it’s possible for the surviving owner in a two-lot scheme to “make hay” during the period before probate is granted (which can be lengthy – more so if there’s no will or complications with it). Apparently there’s nothing in the NSW legislation to prevent them holding meetings and passing motions (although presumably these could be challenged later).
NSW Fair Trading advised that “next of kin” were automatically entitled to have their interest registered on the strata roll and to vote, but couldn’t provide any legislative basis.
I’d have thought the issue occurred often enough – especially in two-lot schemes – that it would have been clearly resolved in the strata act by now (even though I’d have thought the provisions of the succession act, as per kaindub, hold sway – in NSW anyway).
Intriguing as the prospect of zombie proxies may be, any existing proxy would surely expire on death (as does any power of attorney; as far as I’m aware, you can’t have power of attorney for an estate – in NSW, at least).