89FVoting under power of attorney

89F Voting under power of attorney

(1) A person acting under a power of attorney may vote on behalf of a lot owner at a general meeting or in a ballot of the owners corporation if this is authorised under the power of attorney.

(2) Despite subsection (1), a person must not vote under a power of attorney on a resolution at a general meeting of the owners corporation—

(a) on behalf of more than one lot owner—if there are 20 or less occupiable lots on the plan of subdivision; or

(b) on behalf of more than 5% of the lot owners—if there are more than 20 occupiable lots on the plan of subdivision.

(3) Subsection (2) does not apply if the lot owners for whom the person is authorised to vote on behalf of are members of that person's family.

(4) A person acting under a power of attorney for a lot owner may authorise another person to act as a proxy for the lot owner under section 89C.

(5) If a person is authorised to vote on behalf of a lot owner under a power of attorney, this Part applies in relation to that power of attorney as if the person who holds the power of attorney was the lot owner.

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