proxy-voting-in-strata

Proxy Voting in Strata Meetings

While strata meetings are crucial for shaping your property’s future, conflicting schedules can prevent attendance. In such cases, appointing a trusted proxy ensures your voice is heard and interests are represented.

Can a Proxy Speak at a Strata Meeting?

Appointing a strata proxy allows you to manage your responsibilities and voting rights within an owners corporation. By delegating these rights to another individual, they can participate in meetings, vote in ballots, and represent you at a meeting on your behalf.

When Can a Proxy Be Used for Voting?

A proxy appointment is valid only if made in writing on the form approved by NSW Fair Trading. The proxy form must be dated and given to the secretary before or at the meeting at least 24 hours before a meeting (for a scheme of 100 lots or more) or by the start of the meeting (for any other schemes).

If you attend a meeting in person and vote instead, the proxy vote will not be counted.

How Can I Assign a Proxy to Vote on Specific Matters?

Yes, you can decide how long you want to appoint your proxy, designating approval for a set number of meetings or months, specify which matters your proxy is authorised to vote on and how they should vote on motions such as the appointment or continuation of a strata managing agent. If the form limits how the proxy may vote, a vote that does not observe the limitation is invalid. The proxy appointment must be renewed after 12 months or two Annual General Meetings, whichever is longer.

Rules around usage of proxy voting

Rules are in place to prevent proxy votes from being used for personal advantage. For example, a proxy cannot be used by a building manager, strata agent or property manager to increase their term of appointment. You can choose whomever you trust to vote on your behalf.

Limits to Proxy Votes

A limit on the number of proxy votes one person can hold within a strata scheme ensures the voting process remains fair and transparent, addressing issues of proxy farming.

Schemes ≤20 lots: One person can hold only one proxy vote

Schemes >20 lots: One person can hold up to 5% of total lots’ proxies

This measure protects your interests and ensures equity for all owners.

Who can hold a Proxy Vote?

An owner can appoint anyone as their proxy, including their tenant. A proxy is invalid if the owner votes in person and cannot be transferred to a third person. Valid proxies are part of the quorum, which is the minimum number of attendees required for a meeting to proceed. A person owning more than one lot in a scheme may appoint a single proxy for all their lots.

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