Right to "view" proxies held by Chairman/Body Corp Manager at AGM | Strata Committees | Flat Chat Forum: Your Questions Answered




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Right to "view" proxies held by Chairman/Body Corp Manager at AGM
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PrinzEugen
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11/06/2017 - 9:19 pm
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A 10 unit strata.  I was not at the last AGM but heard later that a motion to increase body Corp. Fees was passed with the aid of proxy votes held by the Chairman who is the external Body Corporate Manager.  The attendees at the meeting (& I also as a proxies providing absentee) did not want the fees increased.

Do I have a right to view the proxies or are they by their nature able to be used by the Chairman as they see fit anyway?

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JimmyT
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12/06/2017 - 9:47 am
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Proxies have to be submitted in writing on the appropriate forms and as such form a record of the procedures in the strata scheme. You are legally entitled to view the records of your strata scheme, although there may be a small charge applied for doing so.

If there is any hesitation in providing the records, you should maybe start proceedings immediately (apply for mediation through Fair Trading) to have the AGM declared invalid as there is a time limit on any such challenges.

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JimmyT
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13/06/2017 - 7:56 pm
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Just thinking about this.  The chairman would have been allowed one proxy at the most and you have at least two votes of dissenting owners.  Unless there was a poll vote and his vote and his proxy vote totalled more unit entitlements than the objecting owners, the motion to increase fees would fail.  

Time you got yourself a new chairman and strata manager, I would say.

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