What to do with proxy in a tricky situation. | Proxies - blind faith or good sense? | Flat Chat Forum: Your Questions Answered




A A A

You must be registered and logged in to reply to posts or post new topics. Click on "How to Use This Forum" for simple instructions on how to get on board. NB: Please do not use your real name or email address as your screen name - if you do it will be changed to something less insecure.

Avatar

Please consider registering
Guest

Search

— Forum Scope —




— Match —





— Forum Options —





Minimum search word length is 3 characters - maximum search word length is 84 characters

Register Lost password?
sp_Feed sp_PrintTopic sp_TopicIcon
What to do with proxy in a tricky situation.
Avatar
Costa
Flat(chat)Mate
Members
Forum Posts: 79
Member Since:
08/03/2014
sp_UserOfflineSmall Offline
1
19/11/2017 - 5:09 pm
sp_Permalink sp_Print

URGENT. RUSH. PLEASE. Need advice. EGM coming up on site.  Wife co-owner and I can't attend. Small strata, NSW, so one proxy each allowed. Current Strata Manager being fired won't be there, but holds delegated position of Secretary, Treasurer and maybe even Chairman. I know who our committee members are who live here on-site, but not who are office bearers. Don't know who'll chair the actual meeting. They are a bit hostile.

If we attribute a vote directly on the proxy form to every one of 15 different agenda items, can we just give a completed proxy form to one of the committee, under their door or something, and tell them all by email what we've done and our intentions are for our votes to be cast on every agenda item? Will our votes count, regardless of how many proxy votes committee members may already have, given the new strata rules. 

The new proxy rules seem to imply in our strata of 36 lots, even the secretary and chair can only have one proxy each but we are voting on EVERY agenda item and not letting them vote on our behalf.

Avatar
scotlandx
StrataGuru
Members

Full Members

Moderators
Forum Posts: 772
Member Since:
02/02/2012
sp_UserOfflineSmall Offline
2
19/11/2017 - 5:39 pm
sp_Permalink sp_Print

If a person (committee member or any other person) already has a proxy from someone, then they can't vote your proxy once they reach the limit.

However, it doesn't have to be a committee member, you can appoint any other owner as a proxy.

If you don't know any other owner or don't feel you can trust them I suggest you find a friend who can attend as your proxy, that is the easiest and safest solution.

You have highlighted a gap in the legislation - if a proxy is a directed proxy, i.e. the proxy specifies how the proxy must vote, then it shouldn't count to the maximum number of proxies a person can hold, because they have to vote that way. (the Corporations Act and ASX Listing Rules have provisions that provide for this, and also re the Chair holding proxies) 

Avatar
Costa
Flat(chat)Mate
Members
Forum Posts: 79
Member Since:
08/03/2014
sp_UserOfflineSmall Offline
3
19/11/2017 - 6:00 pm
sp_Permalink sp_Print

Thank you very much scotlandx. So the Corporations Act wouldn't mean I could  could simply get our proxy form, with every agenda item clearly voted on, to the Chair and have our vote count? 

(This meeting is not going to be fun, as you may have gathered, we are not keen to subject any of our friends to this sort of thing. Other like minded owners already hold proxies.)

Avatar
scotlandx
StrataGuru
Members

Full Members

Moderators
Forum Posts: 772
Member Since:
02/02/2012
sp_UserOfflineSmall Offline
4
19/11/2017 - 7:09 pm
sp_Permalink sp_Print

Unfortunately no - the Corporations Act doesn't apply to strata schemes.

I can understand you may be reluctant to subject a friend to an unpleasant meeting, but if that is your only option and it is important then I suggest you seriously consider it. Looking at it another way, some people (like me) enjoy that kind of challenge.

Avatar
Costa
Flat(chat)Mate
Members
Forum Posts: 79
Member Since:
08/03/2014
sp_UserOfflineSmall Offline
5
20/11/2017 - 10:03 am
sp_Permalink sp_Print

scotlandx I should have known you were right. The NSW Office of Fair Trading confirms in a 'small strata' such as ours, it really is only 1 proxy allowed for everyone, even the meeting's chair, who may not always be the actual committee chair. While I think the new rules were needed and are worthwhile, there does seem a 'gap in the legislation' as you said.

An alternative, according to the OFT is 'electronic voting' so I scanned our proxy and sent it to the committee secretary and CCd all and sundry; committee and non-committee, friend and foe. As the OFT said, in an unofficially-sounding way, 'so long as your voted intention is clear on each item'.

Thanks!

Avatar
scotlandx
StrataGuru
Members

Full Members

Moderators
Forum Posts: 772
Member Since:
02/02/2012
sp_UserOfflineSmall Offline
6
20/11/2017 - 2:14 pm
sp_Permalink sp_Print

Well yes you can do that, if the owners corporation resolves to adopt electronic voting.  Note that is not giving a proxy.

I do wish the DOFT would give complete advice.

Have a look at this page here, go down to Voting from a Remote Location.

http://www.fairtrading.nsw.gov.....ation.page

With any luck the OC will accept the vote, but they may not.  Your other option is to ask to be dialled in to the meeting, and you can vote that way.

Avatar
Sir Humphrey
Canberra
StrataGuru
Members

Full Members

Moderators
Forum Posts: 965
Member Since:
19/04/2011
sp_UserOfflineSmall Offline
7
21/11/2017 - 9:21 am
sp_Permalink sp_Print

scotlandx said
...You have highlighted a gap in the legislation - if a proxy is a directed proxy, i.e. the proxy specifies how the proxy must vote, then it shouldn't count to the maximum number of proxies a person can hold, because they have to vote that way. (the Corporations Act and ASX Listing Rules have provisions that provide for this, and also re the Chair holding proxies)   

Does NSW have an 'absentee voting' option as an alternative to appointing a proxy?

In the ACT, the executive committee must approve an absentee voting form and a proxy appointment form for each general meeting. The two functions can be combined into one form. We don't have a limit on the number of proxies that can be held by one person. 

Our OC generally has one form because people were confused when there were two. By filling in or crossing out various parts you can 1) appoint a proxy with full powers to exercise your vote as they see fit, or 2) appoint a proxy who is directed how to vote on some or all of the motions but can vote as they see fit on any motion to amend a motion or any procedural motion or any listed motion where you have not directed their vote, or 3) just cast your absentee vote (yes, no or abstain) on each of the listed motions without appointing a proxy. 

Forum Timezone: Australia/Sydney

Most Users Ever Online: 518

Currently Online:
14 Guest(s)

Currently Browsing this Page:
1 Guest(s)

Top Posters:

kiwipaul: 613

struggler: 459

Austman: 308

Billen Ben: 232

Millie: 213

Cosmo: 170

Kangaroo: 168

considerate band fair: 167

FlatChatFan: 147

daphne diaphanous: 137

Newest Members:

Nick-725

Kathleen Arnold

RWallis

brendon8484

jlthompson

Jill Harrison

Radha krishna murthy

Oldmabb

di burge

ros

Forum Stats:

Groups: 4

Forums: 46

Topics: 4427

Posts: 21060

 

Member Stats:

Guest Posters: 241

Members: 5044

Moderators: 4

Admins: 1

Administrators: JimmyT

Moderators: Whale, Sir Humphrey, scotlandx, Lady Penelope