By-Law dealing surplus of proxies

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  • 25/10/2017 at 1:03 pm #11416
    g-g
    Flatchatter

      Does anyone think it advisable to create a special by-law to deal with ‘surplus of proxies’? Is the NSW legislation unclear on this?

      I ask because our strata manager has just added 25 pages of new bylaws to our draft agenda – my head is spinning, cannot make sense of it all and the deadline to get the AGM agenda out is looming. 

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    • 25/10/2017 at 6:28 pm #28482
      Jimmy-T
      Keymaster

        The two questions – about surplus of proxies and excessive new by-laws – aren’t really related.

        I don’t think you can pass a by-law about what happens to excess proxies (I assume you men when one owner has filled their allowance of proxies and more people want to pass them on).  The official proxy form already has a second choice option.

        I also don’t think we should be encouraging a perpetuation of the “donkey votes” – giving proxies to the chair or secretary without even knowing who they are or what they think about issues.

        If people aren’t engaged enough in their community to make an effort to find out how people who will be attending the meeting intend to vote, then they shouldn’t be encouraged to offer “blind” votes to anyone.

        As for the 25 pages of by-laws, I suspect your strata manager is taking the mandatory review of by-laws seriously.  Just be careful that he doesn’t wrap them all up in vote vote, allowing some hidden nasties to slip through.

        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.
        26/10/2017 at 6:57 am #28486
        g-g
        Flatchatter
        Chat-starter

          Thanks Jimmy. I will check the correct proxy form is being used. 

          Yes – I think strata manager was wanting to cover the situation where one person was accidentally/unknowingly given proxies (such as the chair, secretary). 

          Our strata manager is of the view that the legislation was unclear in this regard, and consequently was pushing for a new by-law (which I couldn’t get my head around because of the language used). The proxy by-law was one of several that seemed over the top, unnecessary or a duplicate of existing by-laws and/or covered by the legislation. 

          As for the 25 pages of by-laws, I suspect your strata manager is taking the mandatory review of by-laws seriously.  Just be careful that he doesn’t wrap them all up in vote vote, allowing some hidden nasties to slip through.

          Frankly, I suspect there was an element of ‘financial return’ for the SM company.

          Having spent hours going over the 25 pages, not understanding half of it and much already covered by existing by-laws (which have been reviewed)  – all 25 pages has been removed from the agenda – or can wait for another day. 

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