This article discusses whether a strata council member who repeatedly appoints a proxy instead of attending meetings can be removed and what steps the strata company can take.
Question: We have a council of owners member who does not attend any meetings, but appoints his proxy to another owner. Is this allowed, and if so, what can we do?
Answer: While an owner is perfectly entitled to use a proxy, a strata council member is expected to fulfil their duties through personal attendance.
Under the Strata Titles Act 1985 (WA) and its associated regulations, a strata company member (owner) and a strata council member have distinct roles and responsibilities. The bylaws of your specific strata scheme, as well as the governance bylaws from Schedule 1 of the Act, will provide the definitive rules.
Owner Using a Proxy
An owner who does not attend general meetings but uses a proxy is acting entirely within their rights. The WA strata laws explicitly permit this to ensure a quorum is met and allow owners to participate in decision-making when they are unable to be present.
- Validity: The proxy must be in the correct form, as specified by the bylaws, and must be given in writing to the strata company before the meeting.
- Quorum: The presence of a proxy holder counts toward the quorum for a general meeting. This is a crucial function of proxies.
- Voting: The proxy holder can speak and vote on behalf of the absent owner, and their vote is counted. The vote may be counted by number of lots or, if demanded, by unit entitlement.
There is no basis to object to a valid proxy from a strata company member.
Strata Council Member Using a Proxy
If a council member cannot attend in person, the council may agree to permit participation by telephone, video conference, or other remote means. This approach should be applied consistently to all members. Limiting meetings to in-person attendance only can disadvantage owners who live elsewhere or in another state.
This is the key point of distinction. The role of a council member is personal and involves a set of statutory duties.
According to the Strata Titles Act 1985 (WA), a council member has specific duties, including to:
- Act honestly, with loyalty, and in good faith.
- Exercise the degree of care and diligence that a reasonable person in their position would exercise.
- Not make improper use of their position.
Even though a council member’s role requires direct involvement in decision-making, the standard WA strata bylaws allow them to appoint a proxy for council meetings. This ensures the council can still reach a quorum and make decisions when a member is absent. The proxy, who must be a lot owner, acts as a temporary council member for that meeting, fully able to participate in discussions and vote on behalf of the absent member.
This is directly supported by Section 8, subsections (3) and (4) of the governance bylaws in the Strata Titles Act 1985 (WA), which are found in Schedule 1 of the Act: Section 8. Meetings of Council.
What You Can Do (for a Council Member)
- Review Your Bylaws: Check your strata scheme’s specific bylaws. They may contain a provision for the removal of a council member who has a poor attendance record.
- Raise the Issue with the Council: The other council members should formally discuss the issue. They can remind the absent member of their duties and the importance of their direct participation.
- Removal by Special Resolution: Under the Strata Titles Act, a strata company can remove a council member from office before their term expires by passing a special resolution at a general meeting. This requires a vote of at least 75% of the total unit entitlement of all lots in the strata scheme, or a simple majority of votes by number if no demand for a unit entitlement count is made. This is a formal and serious step.
- Application to the State Administrative Tribunal (SAT): If the council member’s absence is causing a significant problem (e.g., the council cannot meet the quorum to make decisions) and a special resolution is not feasible, apply to the State Administrative Tribunal (SAT) to remove the person from the council. The SAT has the power to make orders, including the removal of a specified person from office.
In summary: while an owner is perfectly entitled to use a proxy, a strata council member is not and is expected to fulfil their duties through personal attendance. If they are failing to do so, the strata company has clear pathways under the Act and its bylaws to address the situation, including removal from the council.
SVN | Strata
SVN Perth
E: [email protected]
P: 08 9427 7955
This post appears in the November 2025 edition of The WA Strata Magazine.
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Read next:
- WA: Q&A Circulating council of owners meeting minutes in a WA strata scheme
- WA: Q&A Proxy Voting and the Resolution Without Dissent
- WA: Q&A What if we Don’t Have a Council of Owners?
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