89CProxies

89C Proxies

(1) A lot owner may authorise a person in writing to be the lot owner's proxy in any of the following capacities—

(a) to attend, speak or vote on behalf of the lot owner at a meeting of the owners corporation;

(b) to vote on behalf of the lot owner at a ballot;

(c) to represent the lot owner on a committee of the owners corporation.

See section 138A.

(2) Despite subsection (1)(c), a lot owner who is a member of the committee of the owners corporation must not authorise a person to act as a proxy to represent the lot owner on the committee unless that person is also a member of the committee.

(3) An authorisation under subsection (1) must—

(a) be in the prescribed form; and

(b) authorise an individual; and

(c) be delivered to the secretary of the owners corporation.

(4) An authorisation may set out how a proxy is to vote on particular matters and is effective from the beginning of the first meeting of the owners corporation held after the date that the authorisation is delivered to the secretary of the owners corporation.

(5) An authorisation must not be transferred by a person who is authorised as a proxy to another person.

(6) An authorisation lapses—

(a) 12 months after it is given by a lot owner; or

(b) if an earlier date is specified in the authorisation, on that date.

(7) A person who is not a lot owner but who is the proxy of a lot owner may not vote on any matter that affects that person relating to—

(a) the delegation of powers and functions of an owners corporation under section 11; or

(b) the appointment, payment or removal of the manager of an owners corporation under Part 6.

(8) A person authorised to act as a proxy must act honestly, in good faith and exercise due care and diligence.

(9) A contract of appointment of the manager of an owners corporation made in contravention of subsection (7)(b) is void unless it is affirmed by the owners corporation by special resolution.

(10) If a lot owner is in arrears for any amount of fees or other amount owing to the owners corporation, the lot owner must not—

(a) vote as a proxy on behalf of another lot owner at a meeting of the owners corporation; or

(b) represent another lot owner as a proxy on a committee of the owners corporation.

S. 89D inserted by No. 4/2021 s. 42.