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Percentages for Dummies please
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Whoopi
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12/05/2017 - 3:22 pm
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 Hi Everyone

 So the thing is, ‘math’ is not my strong suit. I am in Sydney. Could someone please answer these questions for me in regards to the 5% allowed for proxies.

1. Is the five percent calculated on the whole of the Entitlements of a Strata Plan or just 5% of the people who bothered to vote? Big difference

2. Does the 5% include you own entitlements or on top off and as well as your own entitlement.

3.When and who should be calculating them. Who is responsible?

4. How is this then advertised to the owners?

5. How much % can a non owner carry?

6. What happens to proxies given to  people who don’t show up to meetings?

7. If you give your proxie to the chairman ( strata manager) and clearly state your wishes and he abstains is that legal?

 Our Strata guy is counting hands at meetings whether one has 5 lots or one lot. 

THanks for any help  you can give I better get a calculator

Cheers 

 Whoopi

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Jimmy-T
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12/05/2017 - 3:41 pm
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Whoopi said
1. Is the five percent calculated on the whole of the Entitlements of a Strata Plan or just 5% of the people who bothered to vote? Big difference

The five per cent is based on the number of lots, rounded down to the nearest whole number.

2. Does the 5% include you own entitlements or on top off and as well as your own entitlement.

The 5% is additional to your own vote.  However, to be clear, it is not calculated on unit entitlements (unless there is a poll vote at the meeting). You don’t go in with an additional 5% of UEs.  You can carry proxies provided by other owners up to a maximum of 5% of the number of lots.

3. When and who should be calculating them. Who is responsible?

The secretary and/or the strata manager, and they should be checked at the beginning of the meeting.  A well-run scheme will have a registration period before the meeting to facilitate this.

4. How is this then advertised to the owners?

Advertised?  It should be part of the minutes of the meeting – which obviously come out after the meeting.

5. How much % can a non owner carry?

Same as anyone else – up to a maximum of 5%

6. What happens to proxies given to  people who don’t show up to meetings?

They are lost. But any prior proxy vote would be superseded by a new proxy given to someone else or by the owner turning up at the meeting and voting themselves.

7. If you give your proxy to the chairman ( strata manager) and clearly state your wishes and he abstains is that legal?

Not very.  And if the vote would have made a difference to the outcome, it can be challenged at NCAT,

Our Strata guy is counting hands at meetings whether one has 5 lots or one lot. 

Your “strata guy” being who? Your strata manager or secretary? My scheme issues a voting slip – a piece of A4 coloured paper for every lot and proxy so that when they take a show of hands multiple votes can be seen and counted

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Whoopi
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15/05/2017 - 7:26 am
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Thank you so much  for the advice as none of it is happening in my building.

  I can move forward with this information understanding what I am talking about.

really appreciate this forum 

 thanks Jimmy

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Whoopi
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24/05/2017 - 7:11 pm
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 Hi everyone

So, my committee use investors’ votes to win every thing on the agenda.  The secretary used to hold all of them now he has spread them around the committee. Some of the committee are holding proxies and have also been named company nominees  holding unlimited votes for investors that have multiple lots.This is the first time they have ever held these positions since the laws changed. Is this legal? or is this a loophole?

 

 Thanks for any advice

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Whoopi
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24/05/2017 - 7:14 pm
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 Sorry one more question . What about carpark lots ?

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Jimmy-T
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30/05/2017 - 3:44 am
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If the car parks are separate lots then their unit entitlements apply in poll votes but I am not sure if they are considered that same as residential lots when it comes to proxy holdings.

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Whoopi
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30/05/2017 - 11:13 pm
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Thanks Jimmy

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Whoopi
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07/01/2019 - 7:50 pm
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 Hi Flat chatters

 

  NSW

We have 64 residential lots in our scheme and all up we have 135 lots including parking lots. Can any one tell me how many proxies a person can hold. We have people holding five and six proxies I think they are calculating the five percent including the car park lots, is this correct? If they just calculated the 65 residential lots the person could only hold say 2 proxies  I believe.

 The other twist is if a person owns five lots including car park lots and one residential lot can they hold a proxy for every lot? or just one per person not per lot? I read the act as one proxy or under five percent per person.

 

 I would be grateful if anyone knows the answer to this one I have had a look in the act but cannot quite find the answer.

Cheers

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Jimmy-T
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07/01/2019 - 11:58 pm
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This is what the Act says in Schedule 2, Section 26 (7):

Limit on number of proxies that may be held

The total number of proxies that may be held by a person (other than proxies held by the person as the co-owner of a lot) voting on a resolution are as follows: 

(a) if the strata scheme has 20 lots or less, one,
(b) if the strata scheme has more than 20 lots, a number that is equal to not more than 5% of the total number of lots.

Note that the Act refers to the number of proxies that may be held by “a person”.

To me, that means an individual and not necessarily a lot owner, is the proxy holder. So people can’t say they are holding X number of proxies as the owner of their residential lot and also holding Y number of proxies as owners of their parking space (even though it is an individual lot).

Now, when it comes to counting parking spaces that are separate lots as separate votes, that’s fine – but you should insist on a poll vote being taken, which you can do at any time, and which is compulsory for special resolutions and committee elections.

So if you have 165 separate lots (including parking spaces), as you say, then individual proxy holders are entitled to hold up to 5 percent of the number as proxies, which is eight proxies per person.

But are those parking spaces really separate lots that get separate levies bills? In my building, some parking spaces are counted as part of the overall residential lot and others are separate and listed on the roll as such.

Then there is the issue of how many unit entitlements those separate lots carry (car spaces generally have 5 to 10 percent of the value of apartments), which is where a Poll vote comes in. A car space vote can equal a residential vote in a show of hands, but it would be nowhere near matching it in a Poll vote which counts Unit Entitlements.

This is what you need to do.

1) Get a copy of the strata roll and see which parking spaces are actually separate lots.

2) Take a note of the unit entitlements, especially of the parking lots.

3) Make sure the proxy “cap” is based on the actual number of lots recorded on the strata roll and not an assumption that all parking spaces are separate lots.

4) Insist on a poll vote for every issue at general meetings so that the  true voting value of car spaces is properly reflected.

Let me give you an example:

Say you have 100 residential units, some of which have car spaces included as part of their lot,  with an average unit entitlement (UE) of 50.

But you also have 20 car spaces that are individual lots with an average UE of 5 .

For the sake of proxy calculations, you would have 120 lots, meaning individuals can carry a maximum of six votes.

So lets say that the proxy holders, for the sake of argument, have three residential lots and three separate car spaces’ votes.

In a show of hands, they would have six votes out of 120 or 5 per cent.  However, in this example, in a poll vote they would have 165 UEs out of a total of 5100, which is only 3.2 percent.

Now these figures are hypothetical and there are a number of variables in real life but you can see how getting the figures right in the first place then insisting on poll votes can reduce the voting power of people counting on parking spots to inflate their numbers.

Be absolutely rigid on this.  It’s only the lots listed on the strata roll that have separate voting power and owners can have car spaces in an entirely different part of the building that are still listed as part of their residential lot.

Go to the strata roll – it is your Bible in these matters.

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08/01/2019 - 12:06 am
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Whoopi said
Some of the committee are holding proxies and have also been named company nominees  holding unlimited votes for investors that have multiple lots.

The company nominees’s votes are only valid if they are listed on the strata roll as such. 

Schedule 1.

23 Persons entitled to vote at general meetings

(1) Persons who have right to vote

Each owner… has voting rights that may be exercised at a general meeting of the owners corporation, but only if the owner or person is shown on the strata roll and, in the case of a corporation, the company nominee is shown on the strata roll.

You might want to keep that under your hat until a general meeting when people say they are acting as a company nominee but aren’t listed on the roll, and you can challenge them then.

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Whoopi
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08/01/2019 - 8:16 am
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Thank you this was so helpful and has cleared it all up for me. Happy new Year

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