Voting by proxy - owners corporation managers

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As a manager, you must be aware of restrictions which apply to you when voting by proxy at a ballot or general meeting on contracts of appointment or reappointment:

  • you (or any other person) cannot require a lot owner to give you a proxy 
  • you must act honestly, in good faith and exercise due care and diligence when voting by proxy 
  • you cannot vote on matters affecting your delegation, appointment, payment or removal if you are not a lot owner 
  • your contract is voidable unless it is affirmed by the owners corporation by a special resolution if you vote as a proxy on your contract of appointment.

The legislation also requires that a proxy:

  • be written in the prescribed form. Download the Owners corporation proxy (Word, 54KB) 
  • name an individual person 
  • not be transferred to a third person 
  • be delivered to the owners corporation secretary
  • lapses after 12 months.

You must comply with the restrictions on voting by proxy and advise lot owners of the requirements for voting by proxy.