Submit my proxy
When a lot owner cannot attend meetings, they have the option of appointing a substitute representative by proxy. This allows owners to have their say in all circumstances.
But proxies need controls to ensure that the representation is valid and accurate. In New South Wales, there is a prescribed proxy form which needs to be completed and submitted to your Body Corporate Services branch.
Download the prescribed Proxy Appointment Form (6.49kb)
Return completed proxy forms to your Body Corporate Services branch/office via the enquiry form below, or by fax or post.
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.
These 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 (building with more than 100 lots), a proxy must be in the hands of the secretary at least 24 hours prior to the commencement of the meeting.
A proxy has effect for the period specified in the proxy (no more than 12 months or for two consecutive AGMs, whichever is the greater). If a proxy form does not state the length of the proxy, it will only be valid 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.
A developer or a person connected with the developer cannot make use of a proxy voting appointment or power of attorney that was obtained by a condition in a contract for the sale of a strata lot, or another related contract or arrangement. In the case of proxy voting appointments or powers of attorney in place before 1 August 2008, these remain in effect.
However, if the proxy appointment or power of attorney was obtained by a condition in the sale contract and is renewed or extended on or after 1 August 2008, that appointment or power is invalid.