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Appointment of a Proxy

The Strata Agency recommends and encourages owners to attend meetings and participate in the affairs of their building. 

We do understand that from time to time, owners may not be able to physically attend due to work commitments or other personal engagements.

If owners are unable to attend meetings we suggest that they consider the appointment of a proxy to ensure that their voice is heard, and that their vote is recorded.

Prescribed Form

An owner may appoint any person as their proxy, by completing the prescribed form (as per Strata Schemes Management Act Regulations) and giving it to the secretary before or at the commencement of the meeting.

It’s important to make sure that all sections of the proxy form are completed, and that it is properly signed to ensure that it is valid.

Proxy Conditions

The proxy form must state whether the proxy holder can vote on all matters, or only certain matters. If the proxy form provides a direction on how to vote on a particular matter, the proxy holder must vote as directed.

It must also state how the proxy should vote on a motion regarding the appointment or termination of a strata managing agent.

The Proxy Holder

Proxy holders are entitled to attend general meetings and do virtually everything an owner could do at the same meeting, such as voting on decisions, proposing amendments and calling a poll.

It is important to note that the proxy holder is not permitted to nominate people for election to the executive committee.

Proxies and Caretakers, Residential Property Managers and Strata Managing Agents

A vote by a proxy who is a caretaker, an on-site residential property manager or a strata managing agent is invalid if it would obtain a financial or material benefit from the proxy.

Material benefits include the extension of a term of appointment, an increase in remuneration, and a decision not to proceed with or to delay legal proceedings involving the proxy holder. 

Owner and Proxy Attendance

If the owner who gave the proxy personally attends the meeting and votes in person, the proxy has no effect. 

However, the proxy is not invalidated by the owner’s presence. If the owner doesn’t vote on a decision and the proxy does, then the proxy’s vote will count.

Current Proxy

A proxy ceases to have any effect if a new proxy is made and given to the secretary.

Proxy Term

A proxy has effect for the period specified in the proxy, being not more than 12 months or for two consecutive Annual General Meetings, whichever is the greater. If a proxy form does not clearly specify the length of the proxy, it will have effect for only one meeting.

Appointing a further Proxy

A proxy holder cannot pass on the rights conferred on them. Only owners may appoint a proxy to vote on their behalf.

Company Nominee

If the owner of a lot is a Company, the Company may appoint a nominee to act on its behalf and vote for it at meetings of the owners corporation.

Large Schemes

In a large scheme, that is any schemes with over 100 lots, not including parking, storage or other utility lots, a proxy must be given to the Secretary at least 24 hours before the meeting.

If you require further information regarding the appointment of a proxy please feel free to contact us.