sec.121

sec.121 Special provisions about proxy use [SM, s 131 ]

Under section 318 of the Act , a body corporate member, other than the owner of a lot for which there is a mortgagee in possession, can not be prevented by contract, other than a contract mentioned in subsection (3) , from exercising a vote at a general meeting, and can not be required by contract to make someone else the member’s proxy for voting at a general meeting. Except for a proxy exercised by the original owner under subsection (3) , a proxy can not be exercised for someone else by— the original owner or a body corporate manager; or an associate of the original owner or a body corporate manager. The original owner may exercise a proxy for a person in accordance with the proxy if— a contract under which the original owner sells a lot to the person makes the original owner the person’s proxy for voting on issues stated in the contract for a period stated in the contract, that in any event must end not later than 1 year after the establishment of the community titles scheme; and the issues mentioned in paragraph (a) are limited to 1 or more of the following— engaging a person as a body corporate manager or service contractor, or authorising a person as a letting agent, if the details of the engagement or authorisation were disclosed to the person before the person entered into the contract to buy the lot; authorising a service contractor or letting agent to occupy a part of the common property, if the details of the authorisation were disclosed to the person before the person entered into the contract to buy the lot; consenting to the recording of a new community management statement to include a by-law, if the details of the inclusion were disclosed to the person before the person entered into the contract to buy the lot. Subsection (3) applies despite section 120 (3) (f) . Provisions of this part limiting the number of proxies a person may hold from owners of lots do not apply to an original owner exercising a proxy under subsection (3) . (sec.121-ssec.1) Under section 318 of the Act , a body corporate member, other than the owner of a lot for which there is a mortgagee in possession, can not be prevented by contract, other than a contract mentioned in subsection (3) , from exercising a vote at a general meeting, and can not be required by contract to make someone else the member’s proxy for voting at a general meeting. (sec.121-ssec.2) Except for a proxy exercised by the original owner under subsection (3) , a proxy can not be exercised for someone else by— the original owner or a body corporate manager; or an associate of the original owner or a body corporate manager. (sec.121-ssec.3) The original owner may exercise a proxy for a person in accordance with the proxy if— a contract under which the original owner sells a lot to the person makes the original owner the person’s proxy for voting on issues stated in the contract for a period stated in the contract, that in any event must end not later than 1 year after the establishment of the community titles scheme; and the issues mentioned in paragraph (a) are limited to 1 or more of the following— engaging a person as a body corporate manager or service contractor, or authorising a person as a letting agent, if the details of the engagement or authorisation were disclosed to the person before the person entered into the contract to buy the lot; authorising a service contractor or letting agent to occupy a part of the common property, if the details of the authorisation were disclosed to the person before the person entered into the contract to buy the lot; consenting to the recording of a new community management statement to include a by-law, if the details of the inclusion were disclosed to the person before the person entered into the contract to buy the lot. (sec.121-ssec.4) Subsection (3) applies despite section 120 (3) (f) . (sec.121-ssec.5) Provisions of this part limiting the number of proxies a person may hold from owners of lots do not apply to an original owner exercising a proxy under subsection (3) .

• (a) the original owner or a body corporate manager; or
• (b) an associate of the original owner or a body corporate manager.
• (a) a contract under which the original owner sells a lot to the person makes the original owner the person’s proxy for voting on issues stated in the contract for a period stated in the contract, that in any event must end not later than 1 year after the establishment of the community titles scheme; and
• (b) the issues mentioned in paragraph (a) are limited to 1 or more of the following— (i) engaging a person as a body corporate manager or service contractor, or authorising a person as a letting agent, if the details of the engagement or authorisation were disclosed to the person before the person entered into the contract to buy the lot; (ii) authorising a service contractor or letting agent to occupy a part of the common property, if the details of the authorisation were disclosed to the person before the person entered into the contract to buy the lot; (iii) consenting to the recording of a new community management statement to include a by-law, if the details of the inclusion were disclosed to the person before the person entered into the contract to buy the lot.
• (i) engaging a person as a body corporate manager or service contractor, or authorising a person as a letting agent, if the details of the engagement or authorisation were disclosed to the person before the person entered into the contract to buy the lot;
• (ii) authorising a service contractor or letting agent to occupy a part of the common property, if the details of the authorisation were disclosed to the person before the person entered into the contract to buy the lot;
• (iii) consenting to the recording of a new community management statement to include a by-law, if the details of the inclusion were disclosed to the person before the person entered into the contract to buy the lot.
• (i) engaging a person as a body corporate manager or service contractor, or authorising a person as a letting agent, if the details of the engagement or authorisation were disclosed to the person before the person entered into the contract to buy the lot;
• (ii) authorising a service contractor or letting agent to occupy a part of the common property, if the details of the authorisation were disclosed to the person before the person entered into the contract to buy the lot;
• (iii) consenting to the recording of a new community management statement to include a by-law, if the details of the inclusion were disclosed to the person before the person entered into the contract to buy the lot.