Monday, September 28, 2020

Owners Corporation Act 2006

Part 4
Division 6
Section 87

Proxies | Section 87

(1)     A lot owner may authorise a person in writing to act as proxy for any of the following—

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

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

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

Note to s. 87(1) inserted by No. 36/2011 s. 7.

Note

See section 138A.

(2)     The authorisation may set out how to vote on particular matters.

S. 87(3) amended by No. 2/2008 s. 16.

(3)     An authorisation under subsection (1)—

(a)     must be in writing in the prescribed form; and

(b)     must authorise a named individual; and

(c)     must not be transferred by the holder of the proxy to a third person; and

(d)     must be delivered to the secretary of the owners corporation; and

(e)     is effective from the beginning of the first meeting of the owners corporation held after it is delivered to the secretary; and

(f)     lapses 12 months after being given or, if there is an earlier date specified in the authorisation, on that date; and

(g)     is revoked on the date that notice of the revocation is delivered to the secretary.

(4)     A person who is not a lot owner and who holds a proxy for a lot owner may not vote on matters affecting himself or herself relating to—

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

(b)     the appointment, payment or removal of a manager under Part 6.

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

(6)     A lot owner may revoke an authorisation given under this section and vote at a meeting or in a ballot instead of the person who was authorised.

(7)     A contract of appointment of a manager made in contravention of subsection (4)(b) is voidable by the owners corporation unless it is affirmed by the owners corporation by special resolution.

© State of Victoria (Consumer Affairs Victoria). For the latest information please go to https://www.legislation.vic.gov.au/in-force/acts/owners-corporations-act-2006/017

Disclaimer: Reproduced from the Owners Corporation Act 2006. This website does not give legal advice or other professional advice. You should seek legal or other professional advice before acting and not rely on any of the content on this website.

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