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? 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…
Question: In the AGM last year, we all voted to have a defibrillator. The chairman and secretary voted against it and in every meeting since have decided to ask a lawyer their legal rights and are digging their heels in. Can they do this? A decision made by an Owners Corporation may be rescinded but…
Question: My wife and I are co-owners. Do we really have to submit proxy forms for the other when only one of us attends a meeting? My wife and I are co-owners. My reading of the act is that if one of us is not at the meeting then the other speaks and votes for…
Question: Can Owners Corporation members use their unit entitlements when calling a poll vote to form a strata committee? In short, yes. Generally, a motion put to a meeting, or an election of officers of the owners corporation or members of the strata committee, is to be decided according to a majority of votes of…
Question: Can a proxy vote be voted out by other members at a Strata meeting. No, a proxy vote (unless the proxy vote is ruled out of order or invalid) cannot be ousted by other owners at a general meeting because all owners are entitled to vote in person or by proxy (unless the owner…
Question: Is it necessary to record the names of movers and seconders in the Strata Committee minutes? What are the ramifications if those details are not recorded? There is no express requirement in the strata legislation to record such names, however, for abundance of clarity, especially on a contentious motion, you could record the names (as their…
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