Question: Is a proxy vote valid if the resident hasn’t been advised on the issue being voted on? What should the correct process be?
Answer: It depends on how the proxy form is completed
It depends on how the proxy form is completed. If the “form authorises the proxy to vote on my/our behalf on all matters”, and the form is otherwise properly completed and observes all other legal technicalities, then yes, the vote can be counted. The form of proxy appears on the NSW Fair Trading website under Strata Scheme Forms. If it is for the appointment of a new strata managing agent or re-appointment of an existing one, Section 3 must be completed and give specific directions as to how to vote on that matter, such matter does not fall under all matters as set out under section 2 of the proxy.
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