Question: If a husband and wife are co-owners, whose name needs to be on the proxy form and who needs to sign that proxy form?
On a submitted proxy form, the wife, as a co-owner of the lot, was indicated as the proxy for an AGM. On the night of the AGM, it was advised the wife could not attend, and the proxy was changed to the husband. The change indicated the person who initially completed the proxy form did not make the change. Is this allowed?
Answer: If the lot owner makes the change and initials the change, then sends in the proxy form, that’s fine.
It all depends on who makes the change. It would be better for the lot owner to get organised and send the proxy form in before the AGM so this question is not raised.
If the lot owner makes the change and initials the change, then sends in the proxy form, that’s fine. Let’s say the recipient of the proxy was originally the wife, and this is changed to the husband. If the husband makes that change, they’re not the one who was meant to complete the form. That’s an invalid form, and I would deal with that on the night of the AGM.
This post appears in the August 2023 edition of The NSW Strata Magazine.
Rod Smith The Strata Collective E: rsmith@thestratacollective.com.au P: 02 9879 3547