June 2018 – This question came in from a NSW Lot Owner looking for downloadable notice of AGM and proxy voting forms. Thank you, Leanne Habib, Premium Strata for providing a response.
Question: Are the following forms available for download – Notice of Annual General Meeting and Proxy Voting Forms?
Answer: The legislation mandates various matters which must be included on a notice for an Annual General Meeting.
Here is a link to a printable PDF of a Proxy Appointment Form – including some notes on how the form can be used.
There is no standard template that we can offer as our templates are used for our business purposes, however, the legislation mandates various matters which must be included on a notice for an AGM (other than the 1st AGM), eg in Schedule 1 of the SSMA:
Clause 4 – 4 Inclusion of matters on agenda (1) & (2)
Clause 5 Nomination of candidates for election prior to meeting (1)
Clause 6 Required items of agenda for AGM (a) – (d)
Clause 7 Notice of general meetings other than first AGM (1) – (4)
Clause 8 Matters that must be included in notice of general meetings (1) & (2)
Clause 9 Additional matters to be included in notice of AGM (a) – (i)
We hope this information is helpful.
This post appears in Strata News #196.
NSW: Q&A How Do I Use Proxy Voting Forms?
January 2017 – This question came in from a NSW Lot Owner enquiring about proxy voting forms. Thank you, Leanne Habib, Premium Strata for providing a response.
Question: What information is included on NSW Proxy Voting Forms?
I own an apartment in a strata complex in NSW.
May I ask about proxy voting forms?
I notice that the firms that are sent to owners so they can make a choice to lodge a proxy vote do not allow for the owner to make a decision on how they would like their vote to go on each agenda item or certain issues.
If you sign over your proxy vote, the person you nominate gets to decide on the vote.
Is that the usual process?
How is that fair?
Also, as an executive committee member, is there any legal reason that prevents me writing to other owners as I am fast becoming aware that a significant number are not receiving correspondence about meetings and agenda items?
Answer: The NSW Proxy Voting Forms are governed by the Strata Schemes Management Regulation 2016.
The form of proxy is governed by the Strata Schemes Management Regulation 2016.
You should compare the Regulation Form to the proxy forms provided to you. Clearly, the lot owner may direct the proxy how to vote.
Though we are not lawyers, in terms of writing to the individual owners, it is preferable to seek a qualified request for the matters to be considered at a general meeting. As you are a strata committee member, perhaps you could raise your concerns there. As a last resort you could seek mediation and proceed to application for Orders from NSW Civil and Administrative Tribunal (NCAT). You should exercise caution when phrasing your concerns to avoid issues such as defamation etc arising.
- NSW Strata Reform & Proxy Votes: How many can you hold?
- NSW: Q&A Proxy Votes & Quorum Requirements for Annual General Meeting
This post appears in Strata News #126.
P: 02 9281 6440
This article is not intended to be personal advice and you should not rely on it as a substitute for any form of advice.