Re: Get ready for vote revolution

I agree with Peter’s general point about thwarting the intention of the proxy providers but the date of signing is significant because of the provision thet the most recently dated proxy superseded any previous proxies given by the same person.

I also worry about committees playing fast and loose with the regulations to suit their own ends.  As a chair, I would be tempted to disallow proxies that turned up unsigned on the day. I would then doubtless face a challenge from the proxy holders but at least I would have tried to follow the rules.

For the record, in a large scheme (100 lots or more)  proxy forms have to be with the secretary or strata manager 24 hours before the start of the meeting.

From reading Schedule 2, Section 11, 3 and 4 (below) it seems to me that the intent is that the proxy becomes effective on from the day it is signed (or ‘made’) rather than the day it is presented at a meeting.  

You can challenge the validity of the vote under section 153 (also below).

(3) Proxy to be given to secretary of owners corporation
The instrument is ineffective unless it contains the date on which it was made and it is given to the secretary of the owners corporation:

(a)  in the case of a large strata scheme—at least 24 hours before the first meeting in relation to which the instrument is to operate, or

(b)  in any other case—at or before the first meeting in relation to which the instrument is to operate.

(4) Period for which proxy effective
An instrument appointing a proxy has effect for the period commencing with the day on which it takes effect and ending with the later of the first anniversary of that day and the conclusion of the second annual general meeting held after that day, unless it is sooner revoked or a shorter period is provided by the instrument.

153   Order invalidating resolution of owners corporation

(1)  An Adjudicator may make an order invalidating any resolution of, or election held by, the persons present at a meeting of an owners corporation if the Adjudicator considers that the provisions of this Act have not been complied with in relation to the meeting.

(2)  An Adjudicator may refuse to make an order under this section but only if the Adjudicator considers:

(a)  that the failure to comply with the provisions of this Act did not adversely affect any person, and

(b)  that compliance with the provisions of this Act would not have resulted in a failure to pass the resolution or have affected the result of the election.

(3)  An application for an order under this section may be made only by an owner or first mortgagee of a lot.