WA: Can a strata council member use proxy votes to elect themselves and does this create a conflict of interest?

Question: Can a member of the strata council use a proxy vote to elect themselves on the strata council?

Can a member of the strata council use a proxy vote to elect themselves on the strata council? Is this classed as a service to the strata company as listed in Section 125 (2): Disqualification from voting as proxy?

Answer: I think you have to look at the intention of the proxy document. Did the proxy form actually specify that the person giving the proxy said ‘I want to nominate you to be on the council’?

I think you have to look at the intention of the proxy document.

Did the proxy form actually specify that the person giving the proxy specifically said I want to nominate you to be on the council? Then the person using the proxy would be following what the proxy had directed them to do. If there was no specification, I would perceive there would be a conflict of interest if the person used that proxy to their own advantage to elect themselves.

I’m not a lawyer, so you might need to get a legal definition on that, but I think that if it’s an open proxy, then the person can use it as they see fit. But, if it’s a directed proxy, then it’s definitely certain that the person giving the proxy wanted to be the nominated candidate for the counsel.

Shane White
Strata Title Consult
E: shane.white@stratatitleconsult.com.au