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We have a part owner representative that SOMETIMES needs to nominate a proxy (the joint owner) at very short notice e.g. 5 minutes before the meeting or even in the meeting.
What is the beest way to arrange this for the year? Can they fill in a Proxy Form which is only used if they are not able to attend the meeting or vote on a particular motion? Can they vote on earlier motions and then excuse themselves if needed and the prozy takeover?
Thanks in advance,
Woodwalker
- This topic was modified 2 weeks, 3 days ago by .
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Firstly, for larger schemes, so that the strata manager can mange the paperwork, there is a cut off (often 24 hours) for submitting proxies before a meeting
Ask the strata manager to set an appropriate time , even if its say a few hours.
Secondly, the rule I understand is that its either the owner or the proxy that speaks at the meeting. Thats to stop the proxy and owner handing over control at short notice. Consider this, a heated discussion is going on. You ony want one person representing the lot speaking , not multiple people.
The owner always overrides the proxy notice. So the owner can fill in a proxy form and give it to the secretary. If the owner turns up, then the proxy form is either dead (the owner represents the lot) or the proxy stands, but the owner is considered to be an observer only .
Woodwalker, the rules for proxies are documented in the Strata Schemes Management Act 2015 (Schedule 1, Division 2, Part 4, section 26). I copy / pasted them here. I highlighted the bits that answer your questions.
26 Appointment of proxies
(1) Duly appointed proxy A person is a duly appointed proxy for the purposes of this Part if the person is appointed as a proxy by an instrument in the form approved by the Secretary and the form is signed by the person appointing the proxy or executed in any other manner permitted by the regulations.
(2) Form of proxy The approved form is to make provision for the giving of instructions on—
(a) whether the person appointing the proxy intends the proxy to be able to vote on all matters and, if not, the
matters on which the proxy will be able to vote, and
(b) how the person appointing the proxy wants the proxy’s vote to be exercised on a motion for the appointment or continuation in office of a strata managing agent.
(3) Proxy to be given to secretary of owners corporation The instrument is ineffective unless it contains the date on which it was made and it is given to the secretary of the owners corporation at least 24 hours before the first meeting in relation to which the instrument is to operate (in the case of a large corporation) or at or before the first meeting in relation to which the instrument is to operate (in any other case).
(4) Period for which proxy effective An instrument appointing a proxy has effect for the period commencing with the day on which it takes effect and ending with the later of the first anniversary of that day and the conclusion of the second annual general meeting held after that day, unless it is sooner revoked or a shorter period is provided by the instrument.
(5) Proxy cannot vote if person appointing proxy votes A proxy cannot exercise a vote in relation to a matter if the person who appointed the proxy is exercising personally a power to vote on that matter.
(6) Effect of subsequent proxy An instrument made by a person appointing a proxy has no effect if the person makes a later instrument appointing a proxy and delivers it to the secretary of the owners corporation in accordance with subclause (3).
(7) Limit on number of proxies that may be held The total number of proxies that may be held by a person (other than proxies held by the person as the co-owner of a lot) voting on a resolution are as follows—
(a) if the strata scheme has 20 lots or less, one,
(b) if the strata scheme has more than 20 lots, a number that is equal to not more than 5% of the total number of lots.(8) Despite subclause (7), a person who owns more than 1 lot in a strata scheme may appoint a single proxy in respect of all the lots.
(9) Adjourned meetings An instrument appointing a proxy for a meeting is not rendered invalid merely because the meeting is adjourned to a later date.Woodwalker, the rules for proxies are documented in the Strata Schemes Management Act 2015 (Schedule 1, Division 2, Part 4, section 26). I copy / pasted them here. I highlighted the bits that answer your questions.
Two things that would render this reply somewhat irrelevant (but kudos for the research). Woodwalker has established in earlier posts that they are in the ACT so NSW regs don’t apply. But if they did apply, I think they are talking about committee meetings and the proxy rules quoted are for general meetings.
I’d appreciate it if WW would clarify both points.
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.
I’m not sure what the problem is. Does it matter which part-owner turns up? So long as both aren’t there and holding up the meeting by disagreeing with each other, why do you care which of these two owners is at the meeting?
This may be my ignorance – in a jointly-held property, do the joint owners have to nominate which of the joint owners will attend meetings and vote? That doesn’t happen in my scheme. We accept attendance by any one owner of any property. Spouses frequently decide on the day of the meeting who can attend based on work commitments.in a jointly-held property, do the joint owners have to nominate which of the joint owners will attend meetings and vote?
In NSW, two owners from the same property may not both nominate for the committee unless they also own another property in the block. However, any committee member can nominate someone to be their stand-in for the meeting, which must be approved by the committee at the start of the meeting. The problem here seems to be the owners chopping and changing mid meeting. Sounds a bit controlling and disruptive to me and should not be encouraged
They should pick a lane and stay in it.
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.
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