NAT: Can’t Make the Meeting? How to Fill in a Proxy Form

What happens when lot owners can’t attend an owners corporation or body corporate meeting? You can submit a proxy form, and this article shows you how to fill out a proxy form.

It is often easier said than done when it comes to securing the support from owners to vote on any strata matter. If you are completing a proxy for the first time or need a refresher, see our tips on filling out a proxy form.

1. Use the correct form when completing a Proxy Form

   If your state or territory mandates a specific proxy form to use, check you have the correct one before you fill in the proxy form.
   
   • New South Wales, this is the current owners corporation proxy form as prescribed in the Strata Schemes Management Regulation 2016.
   
   
   • Queensland, use the BCCM Committee Meeting Proxy Form – Form 7, or the General Meeting Proxy Form – Form 6 as prescribed in the Body Corporate and Community Management Act 1997.
   
   
   • Victoria, use the Owners Corporation Proxy Form as prescribed in Schedule 1, Regulation 8, Owners Corporations Regulations 2018.
   
   If you are unsure, contact your strata manager or the relevant government authority in your state or territory:
   • New South Wales: see NSW Fair Trading
   • Queensland: see Department of Justice and Attorney-General
   • Victoria: See Consumer Affairs Victoria

2. Ask all co-owners to sign the proxy

   To be safe, you are best to ask your appointor if there is more than one owner and if so, could they also sign the proxy form.
   The issue of whether all co-owners need to sign a proxy was raised in Babray & Ors v Whittles Australia Pty Ltd (Owners Corporations) [2013] VCAT 327.
   In this case, the validity of a proxy form was questioned as it was signed only by one of the two co-owners. However, the court did not decide on this issue as the proxy form in question was accepted at the strata committee meeting. At the same time, the court did state its preference that all co-owners to sign the proxy form so that it is clear that their joint vote may be exercised by the appointed proxy.

3. Indicate whether the proxy is for all matters or specific matters

   Remember to check with the owner you are approaching whether they prefer that you represent them in all matters or specific matters. For example, the voting instructions could be as specific as changing a by-law about hanging laundry items on the balcony.
   What happens if the voting instructions are unclear? In Thoo v The Owners Strata Plan No. 50276 [2011] NSWSC 657, the appointor did not select either of the two options (all matters or specific matters). Consequently, the court found the failure to record the voting instructions invalidated the proxy.

4. Complete all applicable fields on the Proxy Form

   An incomplete but signed proxy form like this one not only jeopardises its validity it may also fall into the wrong hands and possibly even used against the appointor’s original intention.
   We came across this proxy when it was distributed in an online chat group, and every person in the group could view, download and use the form at their discretion.
See this example of an incomplete proxy form (with the completed fields redacted), signed and distributed in an online chat group for a strata complex.

5. Appoint an alternative proxy

   The appointor may nominate an alternate proxy if the main proxy is likely to exceed the number of proxies they may hold. The maximum number of proxies one can hold may depend on the strata laws in your state or territory.
   While you can nominate anyone to be your alternative proxy, it is best to tell your alternative proxy how to vote before the meeting if they are unfamiliar with your strata or are not affected by the decisions.

Have a question about how to fill in a proxy form or something to add to the article? Leave a comment below.

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Yuhao Gu Omega Legal E: info@omegalegal.com.au P: 0402 990 108

This post appears in Strata News #248 Read next:

• NSW: Q&A Proxy Votes & Quorum Requirements for Annual General Meeting
• QLD: Q&A How many proxies can one person hold?
• WA: Q&A Proxy Voting and the Validity of the Proxy Form

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