Proxies And How They Work – Qld


SSKB Community Managers looks at voting proxies in strata communities

You can still have a say, even if you are unable attend your body corporate meetings. All lot owners can choose a proxy to represent them.

To alert the body corporate that someone will be attending in your place, you need to appoint a proxy by filling in a proxy form – http://sskb.com.au/information/forms/qld/ –  and give it to the secretary before the start of the meeting.

Sometimes a body corporate will nominate a time before the meeting that proxies are to be received.

Who can be a proxy? A proxy might be someone like another lot owner – anyone who has the right to vote at a general meeting.

The proxy holder must be specifically named on the form and it cannot be transferred to a third person.

A proxy cannot be perpetual. In fact, they have an expiry date which is either:

  • A general meeting to be held on a specific date
  • All general meetings held before a specific date
  • All general meetings held during the rest of the body corporate’s financial year unless the appointment is withdrawn

If you are going on holiday, or will be away on business when a general meeting has been called, you can specify dates that proxy is ‘active’.

To make sure the use of proxies are fair, the Queensland Body Corporate and Community Management Act specifies that one person cannot hold more than one proxy if there are less than 20 lots in the scheme.

It is also important to know what Module your body corporate is registered under:

  • For schemes registered under the Standard Module, and with 20 or more lots, a person must not hold proxies for more than 5% of the total number of lots
  • For schemes registered under the Accommodation Module and with 20 or more lots, a person must not hold proxies for more than 10% of the total number of lots

For schemes registered under the Commercial Module and the Small Schemes Module, there is no restriction on the number of proxies a person can hold at a general meeting.

And other restrictions apply.

A body corporate manager, or an associate of a body corporate manager, cannot be appointed as a proxy. And a proxy cannot vote on a motion to engage a person as a body corporate manager or a service contractor, or to authorise a person as a letting agent

A proxy cannot vote on a ballot to elect a member of the committee, or on a motion where the owner has submitted a written vote on that motion.

If in the end, you’re able to make your body corporate general meeting and your proxy is there also, you will need to consent at the meeting for the proxy to vote on your behalf.

For further information on voting, proxies and how they work, please contact your SSKB Community Manager or check out the Queensland Government web site: https://www.qld.gov.au/law/housing-and-neighbours/body-corporate/meetings/voting-at-body-corporate-meetings/general-meeting-voting#byproxy



Related post

Have You Had A Building Valuation Lately?
SSKB strata managers, looks at what a strata community needs to do when an OC or Body Corporate committee member resigns
What Happens When A Committee Member Resigns – Qld
SSKB strata managers, looks at what a strata community needs to do when an OC or Body Corporate committee member resigns
What Happens When A Committee Member Resigns? Vic

Leave a Comment

Your email address will not be published.