sec.130Use of proxy

### sec.130 Use of proxy 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 electing or appointing a member of the committee; or for voting for a special resolution— prohibiting, wholly or partly, the use of proxies at committee meetings or general meetings; or consenting to the recording of a new community management statement that identifies a different regulation module to apply to the community titles scheme; or for voting for a majority resolution; or on a motion approving— the engagement of a person as the body corporate manager, including a chapter 3 , part 5 engagement, 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 if the general meeting is called under section 41 ; 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.130-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.130-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.130-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 electing or appointing a member of the committee; or for voting for a special resolution— prohibiting, wholly or partly, the use of proxies at committee meetings or general meetings; or consenting to the recording of a new community management statement that identifies a different regulation module to apply to the community titles scheme; or for voting for a majority resolution; or on a motion approving— the engagement of a person as the body corporate manager, including a chapter 3 , part 5 engagement, 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 if the general meeting is called under section 41 ; or in circumstances where this regulation requires a resolution, if passed, to have been passed with no votes being exercised by proxy. (sec.130-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. - (a) if the member who gave the proxy is present personally at the meeting, unless the member consents at the meeting; or - (b) on a particular motion, if the person who gave the proxy has exercised a hard copy or electronic vote on the motion; or - (c) for electing or appointing a member of the committee; or - (d) for voting for a special resolution— (i) prohibiting, wholly or partly, the use of proxies at committee meetings or general meetings; or (ii) consenting to the recording of a new community management statement that identifies a different regulation module to apply to the community titles scheme; or - (i) prohibiting, wholly or partly, the use of proxies at committee meetings or general meetings; or - (ii) consenting to the recording of a new community management statement that identifies a different regulation module to apply to the community titles scheme; or - (e) for voting for a majority resolution; or - (f) on a motion approving— (i) the engagement of a person as the body corporate manager, including a chapter 3 , part 5 engagement, or a service contractor, or the authorisation of a person as a letting agent; or (ii) the amendment or termination of an engagement or authorisation mentioned in subparagraph (i) ; or - (i) the engagement of a person as the body corporate manager, including a chapter 3 , part 5 engagement, or a service contractor, or the authorisation of a person as a letting agent; or - (ii) the amendment or termination of an engagement or authorisation mentioned in subparagraph (i) ; or - (g) on a motion decided by secret ballot; or - (h) 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 - (i) if the general meeting is called under section 41 ; or - (j) in circumstances where this regulation requires a resolution, if passed, to have been passed with no votes being exercised by proxy. - (i) prohibiting, wholly or partly, the use of proxies at committee meetings or general meetings; or - (ii) consenting to the recording of a new community management statement that identifies a different regulation module to apply to the community titles scheme; or - (i) the engagement of a person as the body corporate manager, including a chapter 3 , part 5 engagement, or a service contractor, or the authorisation of a person as a letting agent; or - (ii) the amendment or termination of an engagement or authorisation mentioned in subparagraph (i) ; or - (a) the proxy holder voting in a show of hands at a general meeting; or - (b) the proxy holder completing a hard copy or electronic vote on a motion before the start of, or at, the general meeting.