Q&A: Issue with proxies in my own 5-Lot 2-storey townhouse

Question:

I believe you wrote the following article which I read in Strata News @ 215:
Q&A Proxy Vote Requirements for Annual General Meeting

I have a similar issue arising with proxies in my own 5-Lot 2-storey townhouse Strata Plan 35133 in Tweed Heads NSW.

Can you tell me the date your article was written and I would be very grateful if you would briefly comment on the following:

Our secretary is an owner/resident of one of our lots with her partner, soon to be husband and both names appear on the strata roll, I.e. they are co-owners.

I am a sole owner/resident and appointed the partner as my proxy [via Form 1] for a recent general meeting and also included my voting paper nominating specifically how I wished to vote for each motion. I handed both documents to the secretary personally about 30 minutes before the meeting was due to start.

Unknown to me, the secretary had already been appointed as a proxy by the sole owner of another lot.

Suffice to say, she ruled my own proxy as ineligible as her lot already held one proxy.

I maintain that both proxies were valid and that one of the lot owners could also vote in their own capacity as an owner for their own lot. I also believe that the person/co-owner I appointed did NOT have to attend the meeting if he chose not to because my Voting Paper and Form 1 had already been handed directly to the secretary

Do you agree?

Answer: We are inclined to agree with your view, as proxies are limited to the concept of a “person” and not the “lot”:

25 Rights of proxies and limits on votes by proxies

(1) Proxy may demand poll A duly appointed proxy may vote on a show of hands or demand a poll.

(2) Powers of proxies A person duly appointed as a proxy:

(a) if entitled to vote otherwise than as a proxy–may also vote in the person’s own right, and

(b) if appointed as proxy for more than one person–may vote separately as a proxy in each case.

26 Appointment of proxies

(1) Duly appointed proxy A person is a “duly appointed proxy” for the purposes of this Part if the person is appointed as a proxy by an instrument in the form prescribed by the regulations and the form is signed by the person appointing the proxy or executed in any other manner permitted by the regulations.

…

(7) Limit on number of proxies that may be held The total number of proxies that may be held by a person (other than proxies held by the person as the co-owner of a lot) voting on a resolution are as follows:

(a) if the strata scheme has 20 lots or less, one,

(b) if the strata scheme has more than 20 lots, a number that is equal to not more than 5% of the total number of lots.

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