#58674
TrulEConcerned
Flatchatter

    I still think that Priority #1 is for you to get hold of the minutes of the AGM to verify what was RESOLVED and if possible to ascertain who voted for it.

    I say this because you infer the levy increase “went through on the nod”.

    I am no expert, but given you alone were at the meeting, one of the following three scenarios must have taken place (and the minutes will/should reveal this):

    1. Lot owners must have been provided with paperwork included in the agenda for the AGM that allowed them to vote in advance by say ticking relevant boxes alongside relevant motions and sending that form to the strata agent; or

    2. Lot owners communicated with the strata agent before the AGM making clear their voting intentions, even if this was not on the prescribed form; or

    3(a). Assuming each of the other 4 lots have different owners:

    The strata agent must have held at least 3 proxies and cast their votes in favour of the higher/special levy. I am assuming you voted against the higher levy or would have voted against if you knew it was a motion. Now here is where it gets interesting. If the strata agent held 3 proxies i.e. a majority of lot owners, given there are 5,  then he/she breached the Act. In small stratas a person can hold only 1 proxy. Not more than 1.

    The following is from NSW Fair Trading

    Proxy limits

    There are limits on the total number of proxies. The limits held by one person are:

    • one proxy vote only for schemes with 20 lots or less, or
    • in schemes with more than 20 lots, a number that is equal to no more than 5 percent of the total number of lots.

    (b) Assuming of the other 4 lots, three are owned by the one person/company

    A person who owns more than one lot in a strata scheme may appoint a single proxy in respect of all the lots they own. So if of the other 4 lots, Mr Smith owns one lot and Ms Jones owns 3 lots, the Ms Jones can give her three proxies to the agent to vote as her proxy.

    3 lots out of 5 gives those in favour of the higher/special levy the majority they crave.

    See https://www.fairtrading.nsw.gov.au/housing-and-property/strata-and-community-living/strata-schemes/meetings-of-the-owners-corporation