This factsheet for number 4 of the Top 5 Useful Bylaws: Proxy By-law has been provided by Adrian Mueller, JS Mueller & Co. Check out the other 4 Bylaws here: NSW Five Most Useful By-laws.
Proxies By-Law – Why is it Needed?
- Anti-proxy farming laws (cl. 26(7), Sch 1)
- The total number of proxies that may be held by a person is:
- if the strata scheme has 20 lots or less, one
- if the strata scheme has more than 20 lots, a number that is equal to not more than 5% of the total number of lots.
Proxies By-Law – Why is it Useful?
- What happens if a person holds too many proxies?
- Which proxies count?
- Who gets to decide?
- When is that decision made?
Proxies By-Law – What Does it Do?
- The proxy must decide which proxies will be used
- The decision must be communicated to the owners corporation before the meeting
- If the proxy does not decide, then the chairperson decides at the meeting
- Any decision must give priority to the earliest proxies (if possible)
- NSW: Q&A Proxy Votes & Quorum Requirements for Annual General Meeting
- NSW Strata Reform & Proxy Votes: How many can you hold?
This post appears in Strata News #242
This article has been republished with permission from the author and first appeared on the JS Mueller & Co Website.
Disclaimer: The information contained in this article is provided for your personal information only. It is not meant to be legal or professional advice nor should it be used as a substitute for such advice. You should seek legal advice for your specific circumstances before relying on any information herein. Contact JS Mueller & Co for any required legal assistance.
Have a question or something to add to the article? Leave a comment below.