Question: My strata committee and strata manager say I am unable to attend strata committee meetings as I am a proxy holder, not an owner. Is this correct?
Answer: Owners and corporate owners may attend strata committee meetings. However, there is no provision entitling their respective proxies to do so.
Schedule 2, Clause 13 of the Strata Schemes Management Act, 2015 (NSW) states:
13 Non-member owner may attend
An owner or, if the owner of a lot is a corporation, any company nominee of that corporation is entitled to attend a meeting but is not entitled to address the meeting unless authorised to do so by resolution of the strata committee.
Strictly speaking, therefore, owners and corporate owners may attend strata committee meetings. However, there is no provision entitling their respective proxies to do so.
This post appears in Strata News #758.
Leanne Habib
Premium Strata
E: info@premiumstrata.com.au
P: 02 9281 6440
On the question of whether a vote could be changed later, there is a solution to A and B both getting their bylaws when both have agreed to support and not veto the others bylaw in mediation. Rather than voting on one and then the other, with the fear that A could get their bylaw but then renege of support of B’s bylaw, the two bylaws could be put together in one motion: That bylaws A and B be adopted. Either they both are adopted or neither is adopted.
Does ownership of a car space (utility lot ) in a strata building, for which I pay extra levies entitle me to 2 votes at meetings instead of 1 ? The car space is classified as an extra lot and I pay extra levies for it. There are 5 owners in the block of 9 units who pay for car spaces. The 4 other owners do not have car spaces.
Does a car space entitle the owner to 2 votes ? I own a home unit which is 1 or 5 in a complex of 9 units which has a car space. The other 4 owners do not have a car space. I pay additional levies for my car space which is called a separate LOT. My Strata manager refuses to accept Schedule 99 of the Strata Management Act. He wants something in writing. Is he right to demand this ? I believe I am entitled to 2 votes ? Is this correct ?
Just seeking clarification for NSW please: Can a proxy vote be cast in AGM elections for OC committee members? This is of concern for two reasons if the answer is Yes: 1. The person granting a proxy to another person may not know who the committee candidates are, as candidates can be nominated as late as the AGM itself. 2. Each incumbent committee member who be able to hold up to 5pc of owners as proxies, which in a seven-member committee, would be up to 35pc, giving them a very good chance at self-renewal if proxies are cast for each other.
“Each incumbent committee member WOULD be able to hold up to 5pc of owners as proxies …” of course. I point out additionally that candidates are usually not mentioned in AGM agenda papers, unlike motions.
Hi Patrick
Leanne Habib, Premium Strata has responded to your question in the above article.
Can a Real Estate company located in the building, (who initially was appointed by the developer and has sold units to overseas owners, who have rented out their apartments back through this company) hold the proxy for each of these owners (20+ votes), and distribute them before the meeting to their staff attending the meeting and then vote? I am assuming legally appointed proxy representatives can be anyone appointed by the owners?
I thought it may be a conflict of interest and there is something in the regulations about a resident property manager not being able to use the votes they have acquired through selling the property, in this manner.
Also I am concerned about the relationship here as we may have further legal dealing with developer in the future.
Paul
One of these posts (and many others on other subjects) refers to Strata Managers chairing general meeting of owners.
The chairing of meetings is dealt with in clause 12 of the First Schedule to the NSW Act which reads, in part:
12 Chairing of meetings
(1) Chairperson to preside
The chairperson of the owners corporation is to preside at any meeting at which the chairperson is present.
(2) Presiding member where chairperson absent
In the chairperson’s absence from a meeting, the persons present at that meeting and entitled to vote on motions submitted at that meeting (other than unfinancial owners) may elect one of their number to preside at that meeting and the person so elected is, while so presiding, taken to be the chairperson of the owners corporation.
Being the Managing Agent does not qualify an individual to chair a general meeting.
Unless qualified to vote, by ownership or proxy, the chairing of general meetings by a Strata Manager is not permitted, as any Strata Manager should know.
I am confused with the proxy votes. In an earlier Strata News it was discussed that c0-owners have to give a proxy to each other, but only one vote counts.
This response from Andrew Chambers, Chambers Franklyn Strata Management:
If the owner appoints a proxy to attend with them then the proxy holder subsequently enjoys all the rights in regards to voting, moving motions etc. The owner may speak with the permission of the meeting but not vote.
Any joint proprietors require a proxy signed by all proprietors appointing one to vote.
Could someone please clarify this.
Hi Petra
Can you confirm which state you are referring to? Strata Legislation varies for each state which is why we always clearly mark each article with the state. For example, this article is for NSW, however, Andrew Chambers writes WA articles. This may be where the confusion arises.
Thanks
Thank you for your reply Nikki. I am residing in NSW
Re Absent owners provide a signed proxy voting form which is then handed out to individuals within the meeting. Is this legal?
“In our view, as no “person” is actually appointed as a proxy and as there is no default person appointed as a proxy, the proxy could be subject to challenge.”
I would comment that the issue is moot until the proxy is handed to the strata manager or secretary
If it is completed on handover then no issue, if however it is handed in blank then filled in later there is an issue
This is for clarity because your previous point does not highlight this
Further proxies filled out at the meeting is poor form because they should be to the secretary / strata Manager prior to the meeting correctly filled out or how can they be allocated correctly
If a person holding a proxy vote for another owner is unable to make a meeting and then gives their own proxy to someone else, does the proxy vote they were holding then transfer over or does the first owner need to personally provide their proxy to another owner? We had an instance where an executive committee member held a proxy vote for two other unit owners but was overseas when the AGM was held and she gave her proxy vote – and the two she had been given – to another committee member without notifying the owners she held the proxies for.
Hi Mia
Thanks for your question. We’ve received the following reply from Leanne Habib, Premium Strata:
In our view, proxies cannot be transferred without the express direction and knowledge of the person appointing the proxy.
we recently had a case where the owner had his vote for his unit and then proxies were given by other owners to his partner, their adult child and 2 of their friends.
this is perfectly legal under the legislation requirements as far as i can tell. 1 person can’t farm proxies themselves any more but if they wish to go to this kind of effort then proxies can effectively still be farmed its just harder now.
Hi Jeff
We’ve received this reply from Leanne Habib, Premium Strata:
This is an interesting observation and permissible under the strict wording of the legislation. You are correct – proxy farming is still possible but more laborious now.
If the owners are unable to attend a meeting and give their proxies to the strata manager, can the strata manager decline our 2 votes, as he did do this to us. Said we had to fill in another name and said he had other proxies to hold. He is our strata manager.
If one couple owns two units in the same complex, and in both names, do they get 2 votes each.
Are proxy votes private? If so why. At a recent EG vote, those who voted were published in the minutes, (without our actual permission) So why were the proxy vote holders and their proxies not published?
How can we trust the final decision?
Elizabeth.
Hi Elizabeth
We have received the following reply back from Leanne Habib, Premium Strata:
Proxy votes are not “private” per se and, normally, the proxy attendees are listed on the minutes of the meeting. The owners corporation has a statutory duty to keep full and accurate minutes of its meetings and proxies must be retained for a period of 7 years. The only real way you can test the accuracy of any minutes is to wait until the next general meeting for their confirmation (this is a statutorily required motion) and you could raise any perceived discrepancies then.
In a villa complex of 7 . 3 of the top villas have requested to build a 2nd level of 3 rooms & a bathroom on top of villas making them town houses instead of villas This is very concerning to the other villa owners especially the villa next door to the high rise building proposed. Which will cutbout all sunshine in the afternoon & destroy the “facade” of the villas , as well as so many associated problems too numerous to mention; Please advise what if anything the villa owners can do, to stop this proposal going ahead.