Strata committees and owners’ meetings are usually packed with important decisions, but sometimes not everyone is able to attend. As one of the members or representatives, you might run into a scheduling conflict or a last-minute emergency.
These are the times when a proxy vote is needed. But when exactly should you use a proxy in a strata meeting, and how can you do it properly?
Let’s go through the ins and outs of proxy usage in strata settings, so committees can manage the process effectively.
What Is a Proxy?
In the context of strata meetings, a proxy is when a person – the “proxy holder” – is appointed by a lot owner or resident who’s unable to attend the meeting themselves. This person is given the authority to vote on their behalf.
This means that the proxy holder represents the absent member’s interests during the meetings, and is free to cast votes on their behalf for specific resolutions.
In essence, proxies in strata allow owners to participate in the decision-making even when they can’t physically attend a meeting.
When Can You Use a Proxy?
Here are the circumstances that require you to send in a proxy:
Owner Availability
If an owner is unable to attend a meeting due to illness, travel, or any other conflicts, they can designate a proxy to attend and vote in their place. Doing so ensures that the absent owner’s interests are still represented, and their vote counts.
Specific Resolutions
Proxies are commonly used when there are important votes or resolutions that need to be passed, and an owner cannot be there to cast their vote.
Proxies are particularly useful for annual general meetings as well as extraordinary ones where key decisions are made, such as:
- Changes in the budget
- New guidelines
- Election of members
Legal Requirements
In some cases, strata laws require a minimum number of members to be present for the meeting to proceed.
So, if some owners are unable to attend, their votes through a proxy can help with the necessary quorum, and the meeting can continue as planned.
How to Use a Proxy
Now that the when and why are understood, let’s move on to the how.
Understand the Laws
Before you appoint a proxy, make sure you’re familiar with the strata’s governing documents and local legislation. Some strata schemes may have specific rules about proxies.
Complete a Proxy Form
A proxy form is usually required to formalise the arrangement. This form needs to be completed by the absent owner and submitted to the committee before the meeting.
It will ask for:
- Your name
- Proxy holder’s name
- Specific meeting date
- Your signature
Set Clear Instructions
A proxy holder should understand what they’re voting on and how the owner wants them to vote. Clear instructions from the owner are crucial to avoid confusion, and they help ensure that the vote reflects their actual wishes.
Choose the Right Proxy
Appoint someone who understands the issues being voted on and can act in your best interest. The proxy holder doesn’t always have to be an owner or member, but they should be reliable, trustworthy, and familiar with strata processes.