#28397
Jimmy-T
Keymaster

    Technically, the owner can specify in her proxy authority which motions she wishes the proxy to vote on.  However there is nothing in the Act that says who can talk to a motion and who can’t.

    But let’s turn this around and ask what happens if you say “no” and insist that the proxy either speaks for the owner through the entirety of the meeting or remains silent.

    Otherwise, that the proxy could be required to leave the room while the owner is speaking to her previously advised chosen issues as the proxy has no right to be there except as a proxy. 

    Obviously, this owner will go ballistic at this and will potentially disrupt the meeting, but then what?  The only recourse she has is to claim that she was denied her rights to attend and to vote (which she wasn’t). 

    Even if she had been denied her vote, she would still have to prove to the Tribunal that it would have made a difference to the outcome.

    Her only other recourse is to have the committee or individual members sacked for mismanagement of the scheme – clearly that is unlikely to fly either.

    I would be tempted to say enough is enough, it’s your committees opinion that her desire to speak and vote, alternating selectively with her proxy, is intended solely to disrupt the meeting and serves no other purpose.

    Get your committee’s backing that either she or her proxy can speak, but not both and not selectively.

    Then hand her the official form requesting mediation at Fair Trading – it’s free, so there’s no cost involved – and invite her to go ahead and start proceedings  that might lead to action at NCAT. 

    If she chooses that route, your committee will defend its position vigorously and seek that costs be awarded against her.

    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.