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SA: Is a Strata Meeting Valid if Joint Owners Hold and Exercise Multiple Proxies in South Australia?

SA@2x

This article discusses strata meeting proxy voting, explaining whether a meeting is valid in South Australia when joint owners hold and exercise multiple proxies.

Question: In a large strata title building in SA, one unit has husband and wife joint owners. They both took proxies, both voted and jointly controlled the meeting. Was the meeting valid?

Answer: The Act does not stipulate that 1 single owner cannot hold multiple proxies and in fact, the meeting can still proceed if one party holds all proxies.

If another owner provided a proxy to the husband and the wife voted on behalf of the unit they own (or vice versa) this is completely legal. The meeting is considered to have a quorum if 50% or 50%+1 in Community Titles are present. The Act does not stipulate that 1 single owner cannot hold multiple proxies and in fact, the meeting can still proceed if one party holds all proxies.

This post appears in Strata News #663.

Carrie McInerney Horner Management E: carrie@hornermanagement.com.au P: 08 8234 5777

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