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What is the law regarding an owner nominating themselves as a proxy for a committee position in Victoria’s Mornington Peninsula ? The person doesn’t live on this estate and has tenants paying rent. However, this owner is the chairperson of our 32 unit estate’s committee and has nominated some years ago as a proxy. The owner nominated themselves as a proxy ? Is this very unusal situation allowed under law ?
- This topic was modified 1 year, 10 months ago by .
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The owner nominated themselves as a proxy…
Not sure what this means. If they are an owner, why would they also need to be a proxy?
Just to clarify, in Victoria and NSW any owner can nominate themselves or they can nominate a non-owner as their proxy. In either case, if there are more nominations than seats, there would be an election.
Once the committee has been elected, its members choose the chair. Office-bearers can be any validly elected member of the committee.
If you have a problem with a non-resident being chair of the committee, the time to raise that is at your AGM , when you and other owners can stand for election. About half the strata properties in Australia are owned by non-resident so having non-resident committee member is not uncommon and having them as office-bearers is neither illegal nor necessarily a bad thing (although I wouldn’t recommend it).
FYI: Proxies only last for one year and would have to be renewed in writing.
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 1 year, 10 months ago by .
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