This Q&A about proxy voting in Western Australia has been answered by Andrew Chambers, Chambers Franklyn Strata Management.
Question: Does an invited guest of a Lot Owner have the right to comment on Special Business issues? They were not given proxy voting rights according to the AGM Minutes.
Can you please advise whether an invited guest of a Lot Owner has the right to speak/comment on Special Business issues? They were not given proxy voting rights according to the AGM Minutes.
Also, can a Lot Owner enter the AGM midway after the meeting has commenced given they had not submitted a proxy for the said meeting? Not only did they disrupt the meeting but then proceeded to have a say on a matter that was of particular concern to them, asking for it to be documented in the Minutes and then exited before Close of meeting.
Answer: Strata Companies are by nature private meetings and are only open to owners or there nominated proxies.
Strata Companies are by nature private meetings and are only open to owners or there nominated proxies. Anyone else who attends must be invited with the permission of the Chair or the meeting. Anyone who is present by invitation is unable to participate in the business of the meeting unless they have the permission of the meeting.
A lot owner can attend at any time and would only require a proxy if the property is registered in joint names or a company. It would, however, be common courtesy to attend on time, once again it would be up to the Chair to regulate the meeting proceedings and allow those present to speak on motions. An owner can also leave the meeting at anytime.
This post appears in Strata News #277.
Question: What requirements would need to be satisfied for a valid proxy form during the proxy voting process in Western Australia?
Could you clarify whether or not a proxy form for proxy voting is valid in Western Australian if:
- the appointment refers to “a representative of ???” rather than a natural person.
- the proprietor is a not a natural person (ie company or trust or ?) but not sealed or stamped
- a proxy form is completed by a person who refers to having an enduring power of attorney
Further if any of the above are allowed, what additional requirements would need to be satisfied to validify the proxy voting process?
Answer: It is permitted for a proxy form to be signed under an Enduring Power of Attorney (EPA).
- The proxy should state the name of the person (I recall many years ago the old Strata Titles Referee made a proxy invalid as it had a “representative of” rather than a name).
- The use of common seals is rare these days. Usually, if it is executed by the company officeholders, that should be sufficient.
- If a proxy is signed under an Enduring Power of Attorney (EPA) then this is permitted under Schedule 1 by law 14 (4). The meeting chair may request to see this to confirm.
This post appears in Strata News #245.
Please note that the above should not be constituted as legal advice, rather my own personal opinion. If in doubt then you should seek legal advice.
- WA: How Will the New Strata Titles Legislation Affect our Council of Owners?
- WA Strata Titles Amendment Act 2018: duties of a council member and how to protect yourself from liability
- Landgate: Understanding the strata voting processes
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