Proxy Voting


 

If you are an owner within a strata-titled community, there’s a good chance you may be required to participate as a body-corporate committee member at some stage. This can be a rewarding, yet complex experience and it’s important to be fully aware of your duties and legislative responsibilities, especially when it comes to making decisions on behalf of all owners within your complex.

Particularly confusing, and often a hot topic of debate are the legislative provisions allowing committee members to appoint a proxy to vote on their behalf at committee meetings.

Breaking down the facts:

What is a proxy vote, who can use it?

A voting member of the committee, who will not be present at a committee meeting, may appoint another voting member of the committee to be a proxy (stand-in). This means, the proxy holder would act on behalf of the absent committee member at the committee meeting (subject to any restrictions that may be imposed by a special resolution at a general meeting). Proxy votes enable committee members, who are unable to attend meetings, to have a say, via their proxy, on issues under consideration.

It is important to note that:

  • A committee member may only appoint a proxy for no more than two committee meetings in any year.
  • The secretary or treasurer requires the approval of the committee to appoint a proxy.
  • A voting committee member may not hold more than one proxy for a committee meeting.
  • Notice of the appointment of the proxy must be given to the secretary before the start of the committee meeting.
  • A proxy vote must be submitted via the approved form and must be in clear English.
  • A proxy cannot be transferred by the holder of the proxy to a third party.
  • A proxy must appoint a named individual.
  • A proxy cannot be irrevocable.
  • Proxy votes cannot be exercised at a principal scheme body corporate committee meeting.

These are just some of the main legislative guidelines in accordance to the Queensland Body Corporate and Community Management Act 1997. They are specific to Queensland. Regulations and guidelines do vary state by state and it’s important to keep up to date with yours respectively.

In NSW, an amendment has taken place to provide greater safeguards for owners’ voting rights. To access further information; visit Fair Trading, NSW 

For further information on proxy voting, or body corporate in Queensland, see Body Corporate and Community Management (Accommodation Module) Regulation 2008


 

 

 



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