#69434
The Hood
Flatchatter
Chat-starter

    Also, if the strata mangers are holding proxies, they are entitled to vote except on matters relating to their contracts or remuneration.

    This is a common misunderstanding.
    Proxies do not have entitlement to vote. Sch 1 clause 23 talks about who is entitlement to vote.
    Proxies are entitlement to cast the vote of the person with entitlement to vote (if the person with the entitlement is financial).
    It isn’t semantics.
    I recall many years ago the Strata Living Guide made the claim that proxies were entitled to vote.
    It was wrong and the claim has since been removed.
    Former CTTT Member “Mr. Bow Tie” even made such a claim in a decision.
    He too has also since been removed.

    There is no rule about needing to be financial to appoint a proxy.
    Entitlement to vote is not “transferable” by filling in a proxy form.
    That is why a non financial owner can’t just give a proxy to another owner, or non owner, or agent, and that other party then has the entitlement to vote.
    If the proxy then has the entitlement to vote then there can be no question of “is the person entitled to vote” financial if the proxy is, say, a non owner.

    If a non financial owner gives a proxy to someone then that proxy’s cast vote does not count if the owner with the entitlement to vote (the owner) is not financial. The owner is the one with the entitlement to vote and a proxy only has the authority to cast the vote of the person entitled to vote ; the proxy has no ‘entitlement’.