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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.
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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)
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.
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.
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.
@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.
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