To put it simply both you and the person whose proxy you are holding can attend the meeting but if the owner votes then you as proxy holder can’t.
I don’t know where you have read that you can’t speak if the owners speaks – it certainly doesn’t say that on
this, the official proxy form, which is what should be used for appointing any proxies.
The question of who is allowed to speak is tricky since there is nothing in the Act that would prohibit both the owner and the proxy holder from speaking but most strata schemes would quite justifiably get annoyed if you both tried to speak.
So you should respect that, at least, especially in the unlikely event of the scheme having “standing orders” that have been adopted by by-law, regulating how the meeting should be conducted.
Tenants can be asked to leave the meeting if they are attending purely as tenants, but not if they are there as proxy holders (see Section 21(3) below).
21 Tenants at meetings
(1) A tenant who has been notified in accordance with this Act to the owners corporation as a tenant of a lot in the strata scheme is entitled to attend a meeting but is not entitled to vote at a meeting unless the tenant is the holder of a duly appointed proxy.
(2) A tenant is not entitled to address a meeting unless authorised to do so by a resolution of the owners corporation.
(3) The owners corporation may, at any meeting or for the purpose of all meetings, determine that tenants (other than tenants who hold duly appointed proxies) are not entitled to be present when the following matters are being discussed or determined:
(a) financial statements and auditor’s reports,
(b) levying of contributions,
(c) recovery of unpaid contributions,
(e) any other financial matter specified by the regulations for the purposes of this clause.
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.
