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  • #8847
    chak
    Flatchatter

      Are they any limit on how many proxies can one person hold to vote in a meeting? If one person holds 10 proxies, does it mean a show of hand by him represent 10 + 1 (self) votes?

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    • #18194
      Jimmy-T
      Keymaster

        Chak wrote:

        If one person holds 10 proxies, does it mean a show of hand by him represent 10 + 1 (self) votes?

        If you are in NSW and you are talking about a general meeting (rather than an executive committee meeting) the answer, sadly, is yes.

        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.
        #18548
        Mailbox
        Flatchatter

          So does that include the annual general meeting? When you are voting for the EC? And if so would that mean you’d need 12 other owners to vote against the proxy farmer?

          #18549
          Jimmy-T
          Keymaster

            @Minky72 said:
            So does that include the annual general meeting? When you are voting for the EC? And if so would that mean you’d need 12 other owners to vote against the proxy farmer?

            Proxy votes of the kind you mention are only valid at a general meeting. You can’t get someone electing themselves on to the EC and then saying they have 10 votes.  (There is a different kind of proxy for EC meetings, which basically means an EC member can ask another member or an other owner to vote on their behalf).

            Otherwise, yes, you have to have more votes that the proxy holder and his or her supporters to outvote them at a general meeting.

            But there are two things you should remember.

            Any owner who is allowed to vote at a general meeting (ie, you have paid your levies) can call for a poll vote, where you decide by adding up unit entitlements rather than just a show of hands – this can change everything, especially in a tight vote.

            Secondly, you can persuade some of the proxies to give you their votes.  A new proxy vote on the prescribed form rescinds all previous proxies.

            And you can challenge the validity of the proxies if they are not on the prescribed forms or challenge them on the basis that either they or the proxy holders haven’t paid their levies (and they can’t just pay up on the night).

            You can download the prescribed proxy form for NSW HERE. Any proxy that isn’t on this form (or a close approximation of it, such as one provided by the strata manager) is not valid.

             

             

            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.
            #18625
            Frank
            Flatchatter

              good point about poll votes thanks – I’ll try to remember that next time.

              We had a nasty takeover attempt by a toxic owner who was also a strata manager seeking our strata management contract.  They employed 2 men in suits to knock on non-English speaking units and mislead them with ‘want to save money? sign here!’ – many susceptible owners did so.

              When we turned up to the AGM the nasty simply announced and passed a whole raft of new by-laws advantaging them.  This got the owners talking – ‘what’s going on here?’

              When it came to their agenda item to vote themselves into power as strata manager, I asked if they intended to use their ill-gotten proxies to vote themselves into power and take over our contract – they said ‘of course’ – a near-riot broke out when the assembled owners realised they’d been scammed.

              After a half-hour of shouting and argument I advised the chairman to use their power to declare the motion out of order which they finally did. 

              The nasty power-seeker protested high and low – we said sorry – the Chair has ruled.

              After years of struggle the dragon has been slain.  Nasty b. has hardly been seen since.  Cool

              #18629
              Jimmy-T
              Keymaster

                Apart from anything else, this is a good illustration of one reason it is important to have an EC that represents the cultural mix of your building.  Speaking to people in their own language makes them less vulnerable to the con artists and stand-over merchants who operate in strata.

                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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