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Note 1(b) on the Proxy form states that ‘a proxy is not authorised to vote on a matter so as to confer a pecuniary or other benefit on the proxy, if the proxy is a … or on-site residential property manager’.
The Sec of our EC is a non-owner real estate agent with proxy of an absentee owner and the proxy recently voted on the submission of a DA to Council to legalise short term rentals in the building which they are currently managing illegally through their agency.
Question: how significant is the ‘on-site’ part of Note 1(b), the real estate agency office is approximately 30m from our building – is this ‘on-site’ enough? Surely the fact that they are residential property managers, highly influential on the EC (Sec), non owners, with a pecuniary interest in the outcome of their vote is enough to define a significant conflict of interest?
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