VIC: Q&A Are AGM minutes required to record proxies present at the AGM?

This article discusses AGM minutes record proxies, focusing on whether owners corporations must list proxies present at an AGM.

Question: Can an owner request amendments or a vote recount if proxy attendance is unclear in the AGM minutes?

The minutes from our last AGM list members present, proxies received, apologies, and other attendees, but there’s no section showing the names of proxies present. Eleven proxies were given to people who weren’t lot owners, and that omission changes the voting outcome. After inspecting the records, I confirmed that two of those proxy holders attended online, but there’s no record of the third person (who held eight proxies) being present.

I formally requested that the AGM minutes be amended to include proxies present and asked for a vote recount. The committee refused, saying it’s not mandatory to list proxies in attendance. Is this correct? Are AGM minutes required to record proxies who are present?

Answer: Your request for amending the AGM minutes to record which proxies are present is in accordance with the legislation.

Section 81 of the Owners Corporation Act 2006 states that the minimum information to be recorded in the minutes includes both the names of lot owners who have provided proxies and the names of proxies present. Therefore, your request to amend the minutes to state which proxies are present is in accordance with the legislation.

We also note that only proxies present at the meeting can vote on behalf of the lot owner. Also, there is a restriction on the number of proxies an individual may hold, depending on the size of the owners corporation.

Alex Smale
Melbourne Owners Corporation Services
alex@mocs.com.au
P: 03 9818 2488

This post appears in the December 2025 edition of The VIC Strata Magazine.

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Read next:

• VIC: Q&A Access to results of a ballot, including each owner’s vote
• VIC: Q&A Are online pre-votes before an AGM valid?
• VIC: Owners Corporations Blog- Voting at Meetings- Ordinary Resolutions

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