This factsheet for number 4 of the Top 5 Useful Bylaws: Proxy By-law has been provided by Adrian Mueller, JS Mueller & Co Lawyers. Check out the other 4 Bylaws here: NSW Five Most Useful By-laws.
Proxies By-Law – Why is it Needed?
- Anti-proxy farming laws (cl. 26(7), Sch 1)
- The total number of proxies that may be held by a person is:
- if the strata scheme has 20 lots or less, one
- if the strata scheme has more than 20 lots, a number that is equal to not more than 5% of the total number of lots.
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Proxies By-Law – Why is it Useful?
- What happens if a person holds too many proxies?
- Which proxies count?
- Who gets to decide?
- When is that decision made?
Proxies By-Law – What Does it Do?
- The proxy must decide which proxies will be used
- The decision must be communicated to the owners corporation before the meeting
- If the proxy does not decide, then the chairperson decides at the meeting
- Any decision must give priority to the earliest proxies (if possible)
Read next:
- NSW: Q&A Proxy Votes & Quorum Requirements for Annual General Meeting
- NSW: 5 Most Useful By-laws: 4. Proxy By-Law
This post appears in Strata News #242
Have a question or something to add to the article? Leave a comment below.
Adrian Mueller
Partner + Senior Lawyer
JS Mueller & Co Lawyers
E. [email protected]
W. http://muellers.com.au/
P: 02 9562 1266
This article has been republished with permission from the author and first appeared on the JS Mueller & Co Website.
Disclaimer: The information contained in this article is provided for your personal information only. It is not meant to be legal or professional advice nor should it be used as a substitute for such advice. You should seek legal advice for your specific circumstances before relying on any information herein. Contact JS Mueller & Co for any required legal assistance.
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NSW question – under proxy regulation, is the maximum number of proxies per lot? Example – two owners in one lot, can they both hold 5% of proxies? Or does the maximum apply to the lot no matter how many owners?
Hi AHill
You will the find the answer to your question in this post by Allison Benson, Kerin Benson Lawyers: NSW Strata Reform & Proxy Votes: How many can you hold?