Can my brother attend the AGM as my proxy?

VIC
Rules & Bylaws
Committee & Governance
question
Lookupstrata community member

Can I nominate my brother, who doesn't own in our complex, as my proxy to attend and speak on my behalf at the AGM?

I own one property within a 100-unit complex. I can't attend the AGM and want to nominate my brother to attend, vote and speak on my behalf. He doesn't own a unit in our complex.

He'd also like to put his hand up for the owners corporation committee. Can he do that too?

answer
Alex McCormick
Alex McCormick SOCM

You absolutely can nominate your brother as your proxy. It's best to be explicit on the degree you are empowering them.

This is a fairly straightforward answer - 'yes', you absolutely can nominate your brother as your proxy, to attend and vote for you, and to be on the committee for you. The prescribed statutory proxy form has all of the options clearly laid out on it, and your manager will include a copy as part of the AGM notice.

Three important points to remember:

  1. It's best to be explicit on the degree you are empowering a proxy. If you mean for them to represent you on all matters, note that on the appropriate section of the form 'authorised to speak and vote on all matters', OR, if you have specific instructions for a particular item, add that in, '...other than item 17, the fence replacement, to which I vote in favour of quote XYZ'.
  2. Appointing a proxy doesn't change the need for you to remain financial at all times. If your financial status changes, your proxy can no longer vote and/or will be suspended from the committee, just as you would be.
  3. Specify the date of your proxy having effect, noting it has a maximum of 12 months. You may need to update it before the next AGM. Maintaining the authorisation is important and should be the lot owner's responsibility, rather than the manager's or committee's.

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