Proxy

Subject to restrictions on the use of a proxy that the body corporate may impose by special resolution, if none of the co-owners of the lot are present, a voter has the right to appoint another voter as a proxy to attend the general meeting and vote on their behalf. Section 72 of the standard module limits the number of proxies that an individual may hold to the greater of 1 proxy or 5% of the number of lots in the scheme. For the Accommodation Module (Section 70) the numerical restriction is 10%, or one if there are fewer than 20 lots in the scheme. Notice of appointment of the proxy must be given to the secretary.

Under Standard Module Section 74, proxies will not be effective -

• If the voter has already exercised a written or an electronic vote
• In a ballot for an election of committee members
• If the proxy giver is present and does not consent to the use of the proxy
• In a motion that seeks to regulate the use of proxies
• In a motion to change the regulation module
• For majority resolutions
• For motions concerning the body corporate managers agreement or management rights agreements
• In secret ballots
• In community titles schemes that are principal schemes
• At general meetings called to fill vacant committee positions

Body corporate managers may not hold proxies. However, owners of management rights may hold proxies. This is inconsistent policy in the legislation. We believe both groups should be treated similarly.