#26312
Jimmy-T
Keymaster

    zerotwoalpha said1

    Is putting multiple lots onto a single proxy form legal in the case of multiple units/ single unit and single utility lot or does this invalidate the proxy form? i.e. I put my residential lot and parking space on a single proxy form, despite them having separate unit entitlements. 

    1. Would a single proxy form listing multiple lots count as one proxy under the legislation (i.e. schemes under  20 only have one allowable proxy per person)? i.e. Proxy box filled out as: Lots 12 and 16 counting as combined unit entitlement for a vote.

    Each lot with voting rights needs to have its own proxy form. You can download the official proxy form here.  Your parking space may not have voting rights attached but will count towards the total unit entitlement of your lot.

    2. Can my mate hold one proxy, and his wife another? 

    Yes.  Just make sure the owners giving the proxies are “financial” – i.e. their levies are up to date.

    3. What should the actions be if the SM/EC member doesn’t play by the new rules? 

    “Doesn’t play by the new rules” is a pretty wide scope.  But if you mean they don’t follow the new laws on proxies, just quote the law at them.

    If they persist tell them that you will be challenging the decision at NCAT under Section 25 and Schedule 1, Division 2, Section 26 (both below).

    25 Order where voting rights denied or due notice of item of business not given
    (1) The Tribunal may, on application by a person entitled to vote on a motion for a resolution of an owners corporation at a general meeting, order that a resolution passed at the general meeting be treated as a nullity on and from the date of the order.
    (2) The Tribunal must not make the order unless the Tribunal is satisfied that the resolution would not have been passed but for the fact that the applicant for the order:
    (a) was improperly denied a vote on the motion for the resolution, or
    (b) was not given due notice of the item of business in relation to which the resolution was passed.
    (3) An application for an order may not be made unless:
    (a) an application for mediation of the dispute was made not later than 28 days after the date of the meeting at which the resolution was passed, or
    (b) if an application for mediation was not made, the application for the order was made not later than 28 days after the date of the meeting at which the resolution was passed.

     

    SCHEDULE 1, Division 2, 26 Appointment of proxies
    (1) Duly appointed proxy
    A person is a duly appointed proxy for the purposes of this Part if the person is appointed as a proxy by an instrument in the form prescribed by the regulations and the form is signed by the person appointing the proxy or executed in any other manner permitted by the regulations.
    (2) Form of proxy
    The prescribed form is to make provision for the giving of instructions on:
    (a) whether the person appointing the proxy intends the proxy to be able to vote on all matters and, if not, the matters on which the proxy will be able to vote, and
    (b) how the person appointing the proxy wants the proxy’s vote to be exercised on a motion for the appointment or continuation in office of a strata managing agent.
    (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 at least 24 hours before the first meeting in relation to which the instrument is to operate (in the case of a large corporation) or at or before the first meeting in relation to which the instrument is to operate (in any other case).
    (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.
    (5) Proxy cannot vote if person appointing proxy votes
    A proxy cannot exercise a vote in relation to a matter if the person who appointed the proxy is exercising personally a power to vote on that matter.
    (6) Effect of subsequent proxy
    An instrument made by a person appointing a proxy has no effect if the person makes a later instrument appointing a proxy and delivers it to the secretary of the owners corporation in accordance with subclause (3).
    (7) Limit on number of proxies that may be held
    The total number of proxies that may be held by a person (other than proxies held by the person as the co-owner of a lot) voting on a resolution are as follows:
    (a) if the strata scheme has 20 lots or less, one,
    (b) if the strata scheme has more than 20 lots, a number that is equal to not more than 5% of the total number of lots.

    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.