QLD: Does a proxy prohibition still apply after changing regulation modules?

This article discusses does a proxy ban continue after changing regulation modules in QLD.

Question: Does a past special resolution prohibiting proxy voting still apply after a scheme changes modules?

At our AGM in 2001, owners passed a special resolution to prohibit all proxy voting at general meetings. At the time, our scheme operated under the BCCM Standard Module Regulations. The resolution has never been rescinded or replaced by a new special resolution.

In 2022, owners approved the adoption of the BCCM Accommodation Module Regulations. Does the 2001 special resolution prohibiting proxy voting still apply now that the scheme has moved from the Standard Module to the Accommodation Module?

Answer: The body corporate’s decision in relation to the use of proxies at a general meeting is unaffected by its decision to change the regulation module applicable to the scheme.

The body corporate may, by special resolution at a general meeting, prohibit the use of proxies at a general meeting pursuant to both:

1. section 128 of the Body Corporate and Community Management (Standard Module) Regulation 2020 (Qld); and
2. section 118 of the Body Corporate and Community Management (Accommodation Module) Regulation 2020 (Qld).

The body corporate’s decision in relation to the use of proxies at a general meeting is unaffected by its decision to change the regulation module applicable to the scheme. This prohibition will continue until the body corporate resolves, by special resolution, to revoke this previous resolution.

Connor Mahoney
Mahoneys
E: cmahoney@mahoneys.com.au
P: 07 3007 3719

This post appears in Strata News #781.

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