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  • #72761
    davidart
    Flatchatter

      Hello,

      Anyone knows if the new regulation is in place now about the maximum number of proxies someone can obtain and use during AGM ?

      Our chairman has over 70 voices on a 120 units building…

      He made himself the chairman, chose the SM himself, decides of everything!

      We need him out but how to do if he has the majority of the voices…

      He shouldn’t be allowed to have so many and I heard of a new regulation that say, one person can only have 5% of the total number of voices for the building in NSW.

       

      Thank you

    Viewing 7 replies - 1 through 7 (of 7 total)
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    • #72763
      Jimmy-T
      Keymaster

        The limit on proxies has been around for a few years but it was recently extended to include powers of attorney.

        Basically any owner can hold a maximum of 1 additional vote for every 20 units in the building.  In your case, the chair is entitled to carry only six votes plus their own, making 7.

        We had a case reported recently where a strata manager rounded up a bunch of ring-ins who had nothing to do with the scheme and came clutching 42 votes.  Luckily the other owners had organised themselves and had one vote more.

        If I were you, I might try to blindside this autocrat by quietly organising as many votes as you can without telling them what you are planning.  Thenat the meeting have a lawyer or even the strata manager declare the excess proxies invalid under sections 25, 25A and 26 of Schedule 1, Part 4 of the Act. You could also ensure that all proxies were on valid proxy forms and that owners providing them were “financial”.

        You can guarantee it will turn nasty so be prepared to tough it out and have your own candidates for the committee ready to take over.

        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.
        #72766
        davidart
        Flatchatter
        Chat-starter

          This is great news!
          Just to be clear, it doesn’t matter if the landlords have a studio or 1 to 3 bedrooms units, it still one vote per unit?

          Do you happen to know a great strata manager that works for the owners and not for the chairman?
          As well as a good strata lawyer?

           

          Thank you

          • This reply was modified 2 months ago by .
          #72771
          Jimmy-T
          Keymaster

            it doesn’t matter if the landlords have a studio or 1 to 3 bedrooms units, it still one vote per unit?

            I believe it is but the proxy votes’ unit entitlements still count in a poll vote.

            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.
            #72772
            Jimmy-T
            Keymaster

              Do you happen to know a great strata manager that works for the owners and not for the chairman? As well as a good strata lawyer?

              Our sponsors Strata Choice are our kind of strata manager. As for lawyers, I’d choose Sachs Gerache if you want to negotiate a resolution and David Bannerman if you want a fight. Both are our sponsors, again, but we choose the sponsors because we know and trust them.

              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.
              #72886
              davidart
              Flatchatter
              Chat-starter

                Thank you for all the good information.

                 

                #73136
                davidart
                Flatchatter
                Chat-starter

                  I read this somewhere:

                  But then they came up with the POA wrinkle. All they had to do was get a tame lawyer – money usually calms them – to sign up those owners who would normally have given a proxy, to instead give them or the resident despot, a POA.

                  Is it still the case or not possible anymore?

                  • This reply was modified 1 month, 2 weeks ago by .
                  #73151
                  Jimmy-T
                  Keymaster

                    Is it still the case or not possible anymore?

                    As of February this year, Powers of Attorney are counted in the same way as proxies – only one per 20 lots in the block. E.g 1-39 lots allows 1 proxy or PoA; 40-59 lots allows 2 proxies or PoAs, etc etc.

                    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 month, 2 weeks ago by .
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