Can a former lot owner be reappointed as secretary by proxy

VIC
Rules & Bylaws
Committee & Governance
question
Lookupstrata community member

Can someone who has sold their lot be reappointed as secretary of the owners corporation through a proxy?

Our secretary recently sold their apartment but has since been appointed secretary again by proxy from another related lot owner.

Is this legal?

answer
VIC Author Headshot Placeholder
The Knight - Owners Corporation Managers The Knight

A former lot owner can be co-opted back onto the committee as secretary if they hold a valid proxy from a current lot owner.

The secretary is a committee position, so before selling their lot, your secretary would have been elected to that role at an Annual General Meeting.

Any lot owner may appoint a proxy for a maximum of 12 months. Any lot owner, or their valid proxy, is eligible to serve on the committee.

When your secretary sold their lot, their committee position became vacant. If a vacancy occurs and at least three committee members remain, the committee may either leave the position vacant or co-opt a member of the owners corporation. This is a committee decision and does not require a vote of the owners corporation.

In your case, the committee has likely co-opted the former secretary back onto the committee using the proxy they now hold.

In many situations, this is a positive outcome. A knowledgeable, experienced, and engaged committee member can be of great value to the owners corporation.

This arrangement will continue only until the next AGM, when the committee must be re-elected. If the secretary wishes to renominate, they will need to be granted a new proxy to represent that lot owner.

Related webinar

vector

Lookupstrata Directory

Looking for VIC Strata Specialist in your area? Search within our LookUpStrata Directory for the best list of contacts available

Search the directory