#54738
TrulEConcerned
Flatchatter

    Jimmy, I agree it is a mess and that NSWFT should clean it up.

    That said, some time ago I heard that at a NSW strata plan, a proxy form was rejected by the agent when not all co-owners signed the form. The reason stated was that the form asks to print the names of lot owner(s) (the two lot co-owners names were printed) and required the signatures of the lot owner(s), but only one co-owner signed.

    The following from Victoria backs this up:

    I found one case questioning if all co-owners of a lot need to sign a proxy to consider it valid. That case sheds some light on the topic, see Babray & Ors v Whittles Australia Pty Ltd (Owners Corporations) [2013] VCAT 327. 
    In that case, the validity of a proxy form was questioned as it was signed only by one of the two co-owners.  But Madam Member did not decide its validity as the proxy form was accepted at the strata committee meeting.

    That said, Madam Member did state a preference for all co-owners to sign the proxy form so that it is clear that their joint vote may be exercised by the appointed proxy without question.

    Madam Member revealing her “preference” is good enough for me. All co-owners should sign if they want to avoid all doubt.