WA: Can a Strata Manager Act as chairperson and proxy holder at the same AGM under the Strata Titles Act 1985?

Question: When the strata manager is acting as chairperson at the AGM, is it lawful for a lot owner to appoint them as a proxy?

Answer: The answer, in my opinion, is yes.

According to Section 124 (4) of the Strata Titles Act 1985 as amended 2018:

A proxy may be, but is not required to be, a member of the strata company.

According to the above, any natural person may be appointed as a proxy by an owner/ by owners of a lot, and sometimes, yes, it is the strata manager of the scheme.

The question rightly asked is whether a strata manager can act for another lot owner as the proxy and, at the same time, act as the chairperson at the AGM. The answer, in my opinion, is yes.

There are no legal restrictions on a strata manager acting as the appointed chairperson of the strata company at the AGM and at the same time acting as a proxy for a lot owner.

Caution must be exercised though in the following circumstances where a person as the proxy holder may not be able to vote – Section 12 of the Strata Titles Act 1984 as amended 2018:

If a member of a strata company who is an individual and sole owner of a lot is present at a general meeting of the strata company, the member must cast the vote for the lot personally rather than the proxy.

A person must not vote as a proxy of another person on a resolution relation to the provision of goods, amenity, or service to the strata company if the person so voting (the proxy) has a direct or indirect pecuniary or other interest in the provision of the goods, amenity or service.

3. Subsection (2) does not apply if —
   
   1. notice of the proposed resolution included, if applicable, the particulars described in subsection (4); and
   
   
   2. the instrument appointing the proxy expressly authorises the proxy to vote on the resolution and specifies whether the proxy is to vote for or against it.
   
   
4. If the resolution relates to the strata company making, varying or extending a strata management contract, the notice of the resolution must specify —
   
   1. the name of the strata manager; and
   
   
   2. when the proposed contract, or the contract as proposed to be varied or extended (as the case may require) is to start and end; and
   
   
   3. each proposed variation, if applicable; and
   
   
   4. the remuneration that is payable under the contract or the way in which the remuneration that is payable under the contract is to be calculated.

This advice does not constitute legal advice and we recommend that the owner obtains their own legal advice to suit the circumstances.

This post appears in Strata News #642.

Marietta Metzger magixstrata E: marietta@magixstrata.com.au P: 08 6559 7498