› Flat Chat Strata Forum › Levies and Unit Entitlements › Contract requiring proxies › Current Page
I can’t believe this guy thinks he can get away with this. Years ago I ran a campaign in the SMH that got the law changed and stopped the Rose Group from demanding proxies from their purchasers. It was so bad the residents of a premium building were voted off their own committee and replaced with a Rose employee because of their strong objections to plans to convert their private marina into a commercial operation. The Rose employee then sent a letter of strong support on their behalf. Former planning minister Frank Sartor stepped in and changed the law.
Anyway, this is how the Act now reads;
27 Certain provisions unenforceable
A provision of a contract for the sale of a lot in a strata scheme, or of any ancillary or related contract or arrangement, is void and unenforceable to the extent that it:
(a) requires the purchaser of a lot, or any other person, to cast a vote at a meeting of the owners corporation at the direction of another person, or
(b) requires the purchaser to give a proxy at the direction of another person for the purpose of voting at a meeting of the owners corporation.
Regarding your AGM, I strongly suggest that you get a strata lawyer or competent strata manager to attend otherwise your developer will just blithely ignore the law and you will spend the next few years fighting him at the tribunal and in court to rectify his illegal decisions.