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Topic
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Our Strata Manager sends out the usual preliminary notice together with the proxy form before our AGM. On our proxy form there is a box we can tick authorising the Strata Manager to vote on the owners behalf if they so choose to.
Usually a higher number of owners send in proxies, giving full authorisation to the SM to vote on all matters on their behalf. The owners that come to the meeting are usually less than the proxy votes. (Only a block of 7 units).
My question is:
1.If more owners gives the full authority to vote on all matters, (via their proxy vote) to the actual Strata Manager, does this give the Strata Manager the power to make decisions to pass all or any of the motions on the agenda at the AGM?
2.Could the new legislation regarding Proxy farming, apply to the above scenario or does this only apply to the individual owner?
(After all isn’t this giving the power to one individual i.e. the strata manager using the proxy votes in the same way that an owner was able too before the new legislation came into place?)
thanks.
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Replies
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Under the new legislation, the strata manager would only be allowed to hold one proxy, as would you.
It will get interesting if only you and the strata manager (with one proxy) turn up at the AGM. You would have equal votes (unless his proxy has a higher Unit Entitlement.
The message is clear – make sure you always have your one permitted proxy in your pocket, then you can always outvote the strata manager.
The answer to question 1 is moot since the strata manager can only carry one proxy. However, if that proxy carried more Unit Entitlements than opposing votes (collectively) then they could pass any motion except those regarding their own contracts.
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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