Can a committee member whose proxy expired still stay on the committee?
The chairperson of our owners corporation is on the committee because they have been a proxy since our last AGM. We had our previous AGM 14 months ago.
If the proxy was not renewed 12 months after the last AGM, the chair’s proxy expired 2 months ago.
Can a committee member whose proxy expired still stay on the committee?
Once a proxy expires, the right of a person to vote, attend a meeting or be on the committee also expires.
Once a proxy expires, the right of a person to vote, attend a meeting or be on the committee also expires immediately. It is no different to a lot owner that sells their lot. Upon the settlement of the sale, the person (if on the committee) is immediately removed, and a casual vacancy exists that may be filled by the committee.
It is possible for a proxy holder to renew their proxy, but they must have a valid proxy during any relevant period that they are on the committee.
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Phillip Leaman specialises in Owners Corporations law, adverse possession and compulsory acquisition and is the Principal for the Owners Corporation team at Tisher Liner FC Law. Phillip provides practical and strategic advice to Owners Corporations in respect to all types of disputes concerning the Owners Corporations Act 2006, defect claims arising from original building works under the Domestic Building Contracts Act 1995 and disputes between lot owners, contractors and managers. He also assists Owners Corporations in governance and other property law advice required such as interpreting plans of subdivisions, leasing and licensing, adverse possession and dealing with managers and contractors. He acts for Owners Corporations in Victoria and the Australian Capital Territory. Phillip Leaman has been recognised on the Best Lawyers List between 2019 to 2022 in the category of Real Property Law. For information useful to Owners Corporations see our website at: https://tlfc.com.au/expertise/owners-corporation/
Phillip is a regular contributor to LookUpStrata.
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