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 filled and submitted to the BCS branch.
Download the prescribed Proxy Appointment Form (1.01mb)
Return it to your BCS branch/office either by submitting the filled Proxy form via the enquiry form or by fax or post.
*Please note in large schemes, buildings of greater than 100 lots the form must be received at least 24 hours prior to commencement of the meeting.
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.
*In the case of large schemes the proxy must be given to secretary at least 24 hours before the scheduled meeting.
These conditions apply to a proxy:
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.