Question: Can a lot owner email another owner telling them to be their proxy at a meeting without filling out a proxy form and signing it? Is this a valid proxy? What are the legal requirements for a proxy to be valid at a strata company meeting?
Answer: Without completing a proxy form with a signature, there is no valid proxy.
Section 124 of the Strata Titles Act 1985 states that an instrument appointing a proxy to cast a vote must be in writing and executed by the appointer or the appointer’s attorney.
In my opinion, “in writing” means in a printed, written or typed document.
Therefore, I would suggest that an email from an owner telling another owner to be their proxy at a meeting without completing a proxy form with their signature on it is not a valid proxy.
We suggest that legal advice be obtained.
Please further note that a proxy has no effect if the person who gave the proxy attends the meeting and votes in person.
This post appears in Strata News #711.
Marietta Metzger magixstrata E: marietta@magixstrata.com.au P: 08 6559 7498