What is a proxy vote in a body corporate?
A proxy vote allows another person to represent you at a body corporate general meeting if you cannot attend or want someone else to vote for you.
The Body Corporate and Community Management Act 1997 and the regulation module applying to your scheme set the rules for proxy voting. A proxy differs from a representative or a written vote. It allows another individual to attend or vote on your behalf at the meeting.
A voter may appoint a proxy using the approved proxy form. The proxy must name an individual and cannot be transferred to another person.
Who can appoint a proxy and who can be a proxy holder?
Anyone entitled to vote at a general meeting can appoint a proxy. The proxy holder must be a named individual, rather than an unnamed group or position.
A body corporate manager or an associate of a body corporate manager cannot exercise a proxy for another member, subject to the specific exception for an original owner in the legislation.
The body corporate can pass a special resolution prohibiting proxies altogether or restricting their use for particular matters. Check the meeting notice and any applicable body corporate resolutions before relying on a proxy.
How do you appoint a proxy in Queensland?
Queensland has an approved proxy form. Complete the form with the proxy holder’s name and the period for which the appointment applies.
The voter or proxy holder must give the properly completed form to the secretary before the meeting starts, unless the body corporate has set an earlier submission time. That time cannot be more than 24 hours before the meeting. Follow the instructions included with your meeting papers for submitting the form.
You can read more about the difference between proxies and representatives.
A proxy holder should check whether the owner has already submitted a written or electronic vote, as this can affect whether the proxy may be used.
How long does a body corporate proxy last?
A proxy cannot be perpetual. It ends at the end of the body corporate’s financial year unless the form states a shorter period.
This may suit an owner who will be away on holiday or business. Choose the appointment period carefully and make sure it reflects when you want the proxy to apply.
A proxy generally cannot be used if the owner who gave it is personally present, unless that owner consents at the meeting.
How many proxies can one person hold?
The number of proxies a person may hold depends on the regulation module applying to the scheme.
For schemes under the Standard or Accommodation Module, a person may hold no more than 1 proxy where there are fewer than 20 lots. Where there are 20 or more lots, the limit is no more than 5% of the total number of lots.]
The Commercial and Small Schemes Modules may have different proxy restrictions. Confirm the applicable module before assuming that the limits above apply.
What motions cannot be decided by proxy vote?
A proxy cannot be used for several types of motion, including:
- electing or appointing a committee member
- engaging, changing or ending the engagement of a body corporate manager or service contractor
- authorising, changing or ending the authorisation of a letting agent
- a motion decided by secret ballot
- a majority resolution
- a motion where the owner has already voted in writing or electronically.
The legislation also restricts proxy voting for some special resolutions and other matters requiring votes without proxies.
A proxy vote can be useful, but you must check the form, timing, proxy-holder limits and motion restrictions. If you are unsure how the rules apply to your meeting, contact StrataCare.
