#45362
The Hood
Flatchatter

    Just a quick correction on the LP comment
    (6) Proxies can be used at Committee meetings. To prevent your majority being lost by a member not being able to be present at a meeting, a Committee member may act as a proxy for another committee member who is unable to attend the meeting. The proxy giver would need to notify the Secretary in writing prior to the meeting that they have given their proxy to another member. The proxy recipient would, of course, need to agree.

    Just to tidy that up a little.

    “There is no provision in the legislation for proxies at executive committee level.”
    Daniel Russell of Chambers Russell Lawyers

    There is authority that voting at an executive committee can proceed by properly appointed “alternates” (Quest Rose Hill Pty Ltd v White [2010] NSWSC 939 (Unreported, Ward J, 24 August 2010) at paragraph 145).

    Also the SC must vote to accept the “alternate” (see s 34(1))

    So an owner can nominate an eligible alternate (substitute – it is not semantics) who can with the approval of the SC act as a member of the SC in the place of the missing person. (see also s 34 (2))