Question: An owner of a lot has sent in a voting paper for motions noted on the Notice of the AGM. The AGM is being held face to face, and the owner has indicated his vote on the voting paper and dated and signed the voting paper. Is the Strata Company required to record this owner’s vote without a proxy?
Answer: The voting paper may not meet the requirements of the Act if the owner does not attend the meeting in person to cast their vote/s.
As per Section 124 of the Strata Titles Act 1985, an instrument appointing a proxy to cast a vote (often referred to as a ‘form of proxy’ or ‘proxy form’) must be in writing and executed (‘signed’) by the appointer (i.e. the proprietor/s of the lot).
The ‘voting paper’ referred to in the query does specifically appoint a proxy so it may not meet the requirements of Section 124 if the owner does not attend the meeting in person to cast their vote/s.
Section 125(1) may also apply whereby a member of a strata company who is an individual and sole owner of a lot who is present at a meeting must cast votes personally rather than by proxy.
Andrew Chambers Chambers Franklyn Strata Management E: andrew@chambersfranklyn.com.au P: 08 9200 4200