Question: Can my proxy and I both attend an Extraordinary General Meeting? My proxy would be there as an advisor and for support.
I am a lot owner in a body corporate. Can my proxy and I both attend an Extraordinary General Meeting? I would vote on motions, but my proxy would be there as an advisor and for support. Can my proxy speak freely and ask questions on my behalf if we both attend?
Answer: Your proxy should be able to attend with you, but is that the most effective way to get your points across?
In terms of whether both you and the proxy can attend the meeting, generally, anyone listed on the strata roll can attend a general meeting. Otherwise, the question of who can attend may be open to the chair or committee. As a manager, I generally encourage attendance at meetings, and schemes should look positively at people who want to participate actively in their body corporate. It’s also important to accept that strata covers the breadth of society, including some people who need help representing themselves. A common scenario here might be someone attending a meeting to assist an owner who spoke English as a second language. That helper may not be on the roll, but if their presence helps improve communication and the flow of a meeting, strata bodies should facilitate their attendance.
On the other hand, meetings must be orderly and directed toward their primary function of recording votes.
Owners may find it frustrating, but there is no obligation to allow debate and questions at a general meeting. Whoever attends, you shouldn’t necessarily expect an open discussion unless the chair or committee deem it valuable.
It’s also the case that you may not always get a good answer if you ask questions on the spot to a committee or manager. People may not be prepared for the question, or the response may require a level of detail that is difficult to present in a meeting format. This is especially the case with financial questions where the response often requires reference to data that may not easily be to hand in a meeting. You may be better off asking your questions in writing.
So while your proxy should be able to attend with you and speak if appropriate, you may also need to consider if that is the most effective way to get your points across.
This post appears in Strata News #730.
William Marquand
Tower Body Corporate
E: willmarquand@towerbodycorporate.com.au
P: 07 5609 4924
On 1 March 2021 the legislation changed, and some of this information is now incorrect. For example, Chris Irons on proxies that can be held in large schemes is now 5%, not 10%.
Thanks Frank, can you clarify please, In the accommodation module, with max 10% of lots can use a proxy vote. Is that per person holding the proxies, or total proxy votes? Ie; if 100 lots, 10% = 10 proxies, so only 10 total proxies, or can 2 people hold 10 proxies each ?
Thanks
Hi Ann
Chris Irons, Hynes Legal has responded to your question in the post above.
HI Ross, Frank is partially answering in next answer by stating “”the proxy…can then be used on the day for any procedural motions from the floor”.
However, I would like to hear his answer on the rest of your questions.
Frank.. you make a .valid and obvious point that a proxy holder cannot overrule a written vote by the owner, but your response does not answer the question “Does the lodgement of a written voting paper (no matter how incomplete) by the owner negate the proxy and leave the owner without a voice at the general meeting?” . For example, what if the owner does not vote on every motion on the voting paper?: what about the specific right of a proxy holder to inspect the voting tally sheets at the general meeting? what happens if a procedural motion (not on the voting paper) arises at the general meeting? can the proxy holder speak if debate arises about any of the motions on the voting paper?
Hi Ross
We have received this response from Frank Higginson:
I have to draw a line somewhere Ross where free advice ends and the paid advice starts, otherwise I don’t have a business!