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I’m hoping someone might clarify this:
If a person owns 2 lots in a building and provides his proxy to a second person, does this count as 1 or 2 for the second person’s proxy count (as per the new Act).
Thanks again to this fountain of knowledge.
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The proxy allocation is per lot, not per person. The proxy holder is entitled to 5 percent of the total number of lots (or one proxy for schemes under 20 lots) for each lot they own themselves.
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.
Since fractions are to be rounded down, not up, the effective limit of one per lot applies in schemes of up to 39 lots.
Hi
I have a question in relation to this. We are having our EGM tomorrow night, largely to determine our new by laws under the Act. I have a proxy for one other owner. Firstly, am I able to use her proxy to vote on the by laws and also we both have a reasonable amount of unit entitlements. Would this have some bearing in relation to the vote?
@supersleuth said:
HiI have a question in relation to this. We are having our EGM tomorrow night, largely to determine our new by laws under the Act. I have a proxy for one other owner. Firstly, am I able to use her proxy to vote on the by laws and also we both have a reasonable amount of unit entitlements. Would this have some bearing in relation to the vote?
I am not 100% sure for non-ACT legislation, but generally, I think, unit entitlements only count if someone demands a ‘poll vote’. That is, by default voting is one lot = one vote and only if someone demands a poll vote must votes be weighted by unit entitlements.
If you are thinking to demand a poll vote then it would be a nice courtesy, though not required, to let the managing agent or chair know about it in advance. In a large OC it can slow and complicate the voting and it helps to have a spreadsheet set up in advance.
Thanks Jimmy. I’m unclear on your comment as heard in our building of 21 only one proxy vote for the entire building is now permitted. Your comment sugggests each unit owner is entitled to a proxy vote, as in the past. Is my summation right I wonder.
You are right. It’s one proxy per proxy holder in a building of that size. In the past there was no limit.
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.
In a Lot of 12 in NSW can the Strata manager who is the Chairperson have a Proxy?
The strata manager can have one proxy vote and only one. Otherwise they don’t have a vote at a general meeting at all. They may not use it in any vote related to their contract.
There are no proxy votes allowed at strata committee meetings although, with the approval of the committee, members can represent absent members.
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.
In the ACT, the strata manager for a units plan is the one person who cannot be appointed as a proxy for any owner.
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