Body Corporate and Community Management (Commercial Module) Regulation 2020
sec.88Use of proxy [ SM, s 130 ]
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sec.88 Use of proxy [ SM, s 130 ]
A body corporate member ( member A ) who is the proxy for another body corporate member ( member B ) may vote both in member A’s own right and also as proxy for member B. If at least 1 co-owner of a lot is present at the meeting, a proxy given by another co-owner of the lot is of no effect. A vote by proxy must not be exercised at a general meeting— if the member who gave the proxy is present personally at the meeting, unless the member consents at the meeting; or on a particular motion, if the person who gave the proxy has exercised a hard copy or electronic vote on the motion; or for voting for a majority resolution; or on a motion approving— the engagement of a person as the body corporate manager or a service contractor, or the authorisation of a person as a letting agent; or the amendment or termination of an engagement or authorisation mentioned in subparagraph (i) ; or on a motion decided by secret ballot; or if the person who gave the proxy is a subsidiary scheme representative and the community titles scheme is the principal scheme in a layered arrangement of community titles schemes; or in circumstances where this regulation requires a resolution, if passed, to have been passed with no votes being exercised by proxy. A proxy may be exercised by— the proxy holder voting in a show of hands at a general meeting; or the proxy holder completing a hard copy or electronic vote on a motion before the start of, or at, the general meeting. (sec.88-ssec.1) A body corporate member ( member A ) who is the proxy for another body corporate member ( member B ) may vote both in member A’s own right and also as proxy for member B. (sec.88-ssec.2) If at least 1 co-owner of a lot is present at the meeting, a proxy given by another co-owner of the lot is of no effect. (sec.88-ssec.3) A vote by proxy must not be exercised at a general meeting— if the member who gave the proxy is present personally at the meeting, unless the member consents at the meeting; or on a particular motion, if the person who gave the proxy has exercised a hard copy or electronic vote on the motion; or for voting for a majority resolution; or on a motion approving— the engagement of a person as the body corporate manager or a service contractor, or the authorisation of a person as a letting agent; or the amendment or termination of an engagement or authorisation mentioned in subparagraph (i) ; or on a motion decided by secret ballot; or if the person who gave the proxy is a subsidiary scheme representative and the community titles scheme is the principal scheme in a layered arrangement of community titles schemes; or in circumstances where this regulation requires a resolution, if passed, to have been passed with no votes being exercised by proxy. (sec.88-ssec.4) A proxy may be exercised by— the proxy holder voting in a show of hands at a general meeting; or the proxy holder completing a hard copy or electronic vote on a motion before the start of, or at, the general meeting.