Question: Our strata manager said I can only assign my proxy vote to another owner or strata manager. Is this correct?
I own an apartment in the ACT, and I’d like my son to be my proxy at the AGM. According to our strata manager, I can only assign my proxy vote to another owner or strata manager. They stated it is not possible to nominate a family member or friend as my proxy.
My strata manager quoted the Unit Titles Management Act 2011. Is this part of the Act? Is the strata manager correct?
Who can be my proxy, and could my proxy be a member of the executive committee?
Answer: Your strata manager is incorrect.
Your strata manager is incorrect.
In the ACT, an owner is able to appoint anyone they wish to be their nominated proxy, including family members. Strata managers or service providers to the owners corporation are precluded from being able to hold a proxy for the owner.
The only restriction on appointing proxies is the 5% rule. For owner corporations with more than 20 units, no one person, aside from the chair, can hold more than 5% of the total number of units. If that one person holds too many proxies, the chairperson must exercise the additional proxies.
Your proxy may also be a member of the executive committee, provided they do not have more than 5% of the total number of the units.
Steve Wiebe Bridge Strata E: steve@bridgestrata.com.au P: 02 6109 7700
This post appears in Strata News #724.
