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  • #73113
    rhea
    Flatchatter

      Hello, I have a question regarding becoming committee member using a proxy vote. We have 12 unit in our building with 50-50 renter and owners (NSW). We have 3 people in the committee at the moment, since 2 committee members have sold their property.
       There is an elderly lady, who doesn’t use computer or mobile phones. She has given her proxy for voting at AGM to one of her neighbours. This neighbour guy has also become a committee member. His wife owns their Unit and she is the Treasurer in our committee. It was my understanding that it is one vote per Unit Entitlement.  Unfortunately, they don’t provide any support but they swing the decision because of their 2 votes. We have been stalled in progressing any remediation works, approval of Reno applications etc. My question is, can this guy be a committee member using a proxy vote, particularly when his wife is also in the committee?
      Thanks in advance.

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    • #73116
      Jimmy-T
      Keymaster

        OK, proxy votes can be used to elect members of a strata committee, and anyone can be on a committee – even non-owners – provided they are nominated by a “financial” owner who is not standing for election.

        So the question is really, who nominated this guy.  Under section 31 of the Act, if it was his wife, that’s a no-no.  If it was another member of the committee, that’s wrong two.  If it was the elderly neighbour, you are entitled to see the paperwork – i.e. a letter nomination this guy for election to the committee. You could technically ask him to stand down until such times as hi nomination has been verified.

        By the way, assuming you voted on the numbers you want on the committee at your AGM, the committee is required to fill the vacancies as soon as reasonably possible, so new members may be where your relief lies.

        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.
        • This reply was modified 2 months, 2 weeks ago by .
        #73236
        rhea
        Flatchatter
        Chat-starter

          Thanks Jimmy. Apologies for late response, my internet was down. Previous form had statement as attached.

          I will ask for the recent form authorising the proxy vote on behalf of the elderly neighbour to the Strata Manager.

          At next AGM hopefully, we will have more owners in the commitee.

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