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  • #12146
    steven strata
    Flatchatter

      Regarding Proxy votes in NSW.

      I have encountered that it is commonly suggested that for a strata scheme of 20 lots or less that a person may only hold one proxy vote at a meeting.

      On reading the NSW Strata Schemes Management act 2015 , I consider this is not what the act states.

      The act limitation on Proxy votes states it is a limitation on proxy votes on a resolution.

      I note the Strata  ACT states in part:

      (2) Form of proxy The prescribed 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

       

      So the situation may arise where a proxy may be provided from one owner for a limited number of motions , and another proxy may be for other motions/ resolutions.

       

      ALso the Act States  ( Bold and underline emphasis added )

      (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.

       

      So my understanding is that the Act states that the proxy limit relates to voting on each resolution … not the overall meeting.

      So a person attending a meeting could hold proxies from more than one owner,   but can only vote one of those proxies for each motion/ resolution.

      They could say vote one proxy for a motion ,…. then vote with a different proxy for another motion/ resolution.

      But only vote one proxy for each resolution.. In a strata scheme of 20 lots or less.

       

      Could any one comment as to if my reading of the Act is correct?

      Thank you Steven Strata

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