Submit my proxy

Appointing a 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 Queensland, 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.

 

Use of proxies for general meetings

  • A proxy must be given in the approved form (BCCM Form 6: Proxy form for body corporate general meetings). The appointment of the proxy is only effective if the voter or holder of the proxy gives the approved form to the secretary before the start of the meeting, (or such earlier time fixed by the body corporate, however, this cannot be more than 24 hours before the meeting). The giving of the proxy may be by hand, by post or by fax.
  • The proxy holder may vote by show of hands at the meeting or by completing a written or electronic vote before the start of, or at, a general meeting.
  • Neither a body corporate manager, nor an associate of the original owner/developer or a body corporate manager can hold a proxy for a voter. (SM. S110(2))
  • If there are 20 or more lots in a scheme, a person cannot hold proxies for more than 5% of the lots, and if there are fewer than 20 lots in a scheme, a person can only hold one proxy.
  • A person who exercises a proxy for a voter or purports to vote on behalf of someone else at a general meeting without the right to do so, commits an offence liable to a fine in the Magistrates Court of a maximum of 100 penalty points ($7,500).
  • The body corporate may at a general meeting prohibit the use of proxies altogether or for particular motions. The motion to restrict or prohibit the use of proxies must be carried by special resolution (SM. S107). To vote on such a motion, votes by proxy are prohibited (SM. S109(3)(d)(i)).

 

Restrictions
While a member of the body corporate (the member) may appoint a person to act as their proxy (the proxy), there are a number of restrictions on their use. A proxy cannot be exercised:

  • if the member is present personally at the meeting, unless the member consents at the meeting;
  • on a motion, if the member has exercised a written or electronic vote on the motion;
  • on the election of, or for otherwise choosing a member of the committee;
  • on a vote to prohibit the use of proxies in any way at committee or general meetings;
  • on a vote to change the regulation module for the scheme;
  • on a vote decided by majority resolution;
  • on a vote to engage a body corporate manager or a service contractor or an amendment or termination of either engagement;
  • on a vote to authorise a person as a letting agent or an amendment or termination of the authorisation;
  • on a motion decided by secret ballot;
  • for general meeting of a principal scheme in a layered arrangement;
  • if the general meeting is called to fill a vacancy under SM. s38;
  • when a regulation provides that a proxy cannot be exercised for a particular vote.