- This topic has 3 replies, 3 voices, and was last updated 3 years, 6 months ago by .
-
Topic
-
I’m looking for clarification as to whether or not a proxy is valid when:
the names on a proxy form don’t match the strata roll/certificate of title or aren’t legible
the number provided as the lot number is incorrect (ie apartment number provided instead and the form is subsequently amended by the strata manager)
the lot owner doesn’t cross out alternate options
a corporate owner doesn’t include the name of the signatory and the signature is little more than a squiggle.any help would be appreciated.
-
Replies
-
Are you in WA or are those your initials?
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.
It would be very much up to the chair to decide whther or not the votes were valid. Section 16 (2) of The NSW Act says: “The declaration of the chairperson of the result of the voting on any motion at a meeting, otherwise than on a poll, is conclusive without proof of the votes recorded for and against the motion.”
So if you wanted to challenge proxies, you’d have to call for a poll vote at which time they would require closer scrutiny.
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.
Going to offer an alternative view to JT.
Any person at the meeting can ask who is eligible to vote at the meeting . That would require the chair to declare all proxies received.
The proxy form is a legal document. Therefore it needs to be correctly filled out. That means the lot owners name needs to match the strata roll, as the lot number also. If there are two or more owners, all need to be listed and sign.
The strata manager can’t alter any proxy, even if he knows it’s incorrectly done. That’s because the person(s) signing the document don’t know what has been altered.
For the corporate owner, the signatory should be the company secretary. In company law, unless there is an officer specifically appointed to sign documents, the secretary has that function.
As for signatures. There are many people who have illegible signatures. You have to accept what is provided. If it does become contentious, you would need to compare the signature on the proxy with a signature that’s verified as the person named. I don’t know how you would do that short of a court order.
Before you get too carried away, do the simple sums and work out whether the vote would be overturned if the proxies were discounted. There’s no point in winning the battle and losing the war.
- You must be logged in to reply to this topic.