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A valid proxy must be on the form prescribed by the regulations. An owner can make any person their proxy. Proxies must be given to the Secretary before or at the meeting. In the case of large schemes the proxy must be given to the Secretary at least 24 hours before a scheduled meeting [Schedule 2, Clause 11 (3)].
The following conditions apply to a proxy:
- It must state whether the proxy can vote on all matters, or only certain matters.
- It must state how the proxy should vote on a motion for the appointment or continuation in office of a strata managing agent.
- It has no effect if the person who gave the proxy attends the meeting and votes in person.
- The most recent proxy is valid.
- In a large scheme (see page 17) a proxy must be in the hands of the Secretary at least 24 hours before the meeting [Schedule 2, Part 2, Clause 11 (3)].
A proxy has effect for the period specified in the proxy (being not more than 12 months or for two consecutive Annual General Meetings, whichever is the greater. If a proxy form does not clearly express the length of the proxy, it will only have effect for one meeting).
A proxy cannot be used by a caretaker, a strata managing agent or an on-site residential property manager to obtain a financial or material benefit for the proxy holder. Material benefits include the extension of a term of appointment, an increase in remuneration, and a decision not to proceed with or to delay legal proceedings involving the proxy holder [Schedule 2, Part 2, Clause 11].
