#54920
Jimmy-T
Keymaster

    The prescribed proxy form allows the proxy giver to limit what the proxy holder is able to vote on, otherwise they could use the votes for the committee election.

    My mind is still boggling from your arithmetic but bear in mind that owners can only hold extra proxies if they are OVER the whole numbers as calculated for 5 percent.  E.g. there would have to be 40 lots for them to get two proxies and 140 lots for them to get seven proxies.

    So lets assume that you have 141 lots and all your committee members have seven different proxies each, plus their own votes, it means each of them could theoretically  have eight votes or a total of 56 votes for the cross-voting in the election.  The means there are still almost 90 votes out there.

    My tactics in that case would be:

    Organise as much support as you can from proxies and owners attending the meeting.

    Then prepare to challenge the validity of nominations but be crafty about it.  The process should be that the Chair calls for nominations, then the owners vote on the number of seats and if the former outnumbers the latter an election is held.

    So let the nominations be recorded, then let the number of seats be established, then challenge any nominations you think may be suspect (referring to Section 31 and Section 32 of the Act and Section 9 and Section 10 of the Regulations.

    For instance, co-owners can’t self-nominate and owners can’t nominate more than one person, and co-owners in one lot can’t both be on the committee unless they own two lots.  Unfinancial owners can’t be nominated (although they can make nominations).

    My point is, committees that think they have the election sewn up get lazy and slack about procedure and they are bound to slip up.  If they have nominated someone who isn’t eligible  but they have established the committee should have seven seats and you are the nominee with the next highest vote, you’re in.

    The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.