Strata proxy voting in South Australia is governed by the Strata Titles ACT 1988. (Section 34)
Unit owners may appoint in writing a ‘proxy’ or someone to vote for them if they will not be present.
There is currently no limit to how many proxy votes a person can hold in South Australia.
Who can hold a Strata proxy?
The proxy holder may be another unit owner, a tenant, relative or friend. The strata manager or an employee of the strata manager may also be appointed as a proxy as long as they still hold that role or the proxy ceases.
Even if a proxy nomination has been made, a unit owner may attend and vote at meetings on his or her own behalf.
Appointing a Strata proxy
The nomination of a person as a proxy of a unit holder must be made by written notice to the secretary of the strata corporation.
The written notice must specify whether the nominated person;
- is nominated to attend and vote at all meetings, and in relation to all matters, on behalf of the unit holder; or
- is nominated to attend and vote only at specified meetings, or in relation to specified matters, on behalf of the unit holder; and
The written notice may specify conditions in relation to the nomination, for example, a specified condition requires the nominated person to vote in a particular way in relation to a matter.
A proxy may be revoked by the unit holder at any time by subsequent written notice to
the secretary (and any contract or agreement to the contrary is unenforceable)
Sample Strata Proxy Nomination
I [your full name], the owner of [your unit number], [the strata corporation’s address] appoint [proxy’s full name] of [proxy’s address] to attend and vote at meetings of the strata corporation on my behalf.
This nomination remains effective for 12 months.
When does a Strata proxy lapse?
A proxy is effective for a period of 12 months or such lesser period as may be specified in the written notice of nomination unless the nomination is revoked.
Duty to disclose interest
If the proxy holder has a direct or indirect financial interest in any matter to be voted on at the meeting, they must disclose the nature of the interest to the members present at the meeting before the vote is taken. Failure to do so is an offence with a maximum penalty of $15 000
Duty to disclose – Proxy’s interest to the person who nominated them
If a proxy has a direct or indirect financial interest in any matter to be voted on at a meeting (other than an interest that a proxy who is a co-owner has in common with all the other co owners), they must, if it is practicable to do so, disclose the nature of the interest to the person who nominated them before the vote is taken. If this is not practicable, they must reveal the nature of the interest to the person who nominated them as soon as possible after the vote is taken. Failure to do so is an offence with a maximum penalty of $15 000
An attorney as a proxy
A person who has been appointed to exercise a general power of attorney or an enduring power of attorney may vote on behalf of a unit owner. Note that, if a person is appointed by general power of attorney specifically for the purpose of attending and voting at meetings, or specified meetings, of the strata corporation, the appointment is only effective for a period of 12 months. The unit owner can, of course, specify a lesser period in the power of attorney, or revoke the power of attorney at any time.
If a general power of attorney appoints a body corporate manager specifically for the purpose of attending and voting at meetings, or specified meetings, of the strata corporation, a copy of the general power of attorney form must be provided to the secretary of the corporation before the meeting, or the first of the meetings, to which it relates.
Strata Proxy forms must be available for inspection
The secretary of the corporation must ensure that a copy of each written proxy nomination, and each general power of attorney form appointing a body corporate manager, is available for inspection at a meeting before any matter is voted on. Failure to do so may incur a maximum penalty of $500.
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© Government of South Australia. For current information go to sa.gov.au
Disclaimer: All information provided on this website is intended as a guide only and should not be substituted for proper legal advice. Seek professional legal advice before taking any action.