BODY CORPORATE AND COMMUNITY MANAGEMENT (STANDARD MODULE) REGULATION 2008 No. 273 - SECT 110 110 Special provisions about proxy use

BODY CORPORATE AND COMMUNITY MANAGEMENT (STANDARD MODULE) REGULATION 2008 No. 273 - SECT 110

(1) In accordance with section 318 of the Act, a body corporate member (other than the owner of a lot for which there is a mortgagee in possession) can not be prevented by contract (other than a contract mentioned in subsection (3)) from exercising a vote at a general meeting, and can not be required by contract to make someone else the member's proxy for voting at a general meeting.

(2) Except for a proxy exercised by the original owner under subsection (3), a proxy can not be exercised for someone else by--

(a) the original owner or a body corporate manager; or

(b) an associate of the original owner or a body corporate manager.

(3) The original owner may exercise a proxy for a person in accordance with the proxy if--

(a) a contract under which the original owner sells a lot to the person makes the original owner the person's proxy for voting on issues stated in the contract for a period stated in the contract (that in any event must end not later than 1 year after the establishment of the community titles scheme); and

(b) the issues mentioned in paragraph (a) are limited to 1 or more of the following--

(i) engaging a person as a body corporate manager or service contractor, or authorising a person as a letting agent, if the details of the engagement or authorisation were disclosed to the person before the person entered into the contract to buy the lot;

(ii) authorising a service contractor or letting agent to occupy a part of the common property, if the details of the authorisation were disclosed to the person before the person entered into the contract to buy the lot;

(iii) consenting to the recording of a new community management statement to include a by-law, if the details of the inclusion were disclosed to the person before the person entered into the contract to buy the lot.

(4) Subsection (3) applies despite section 109(3)(f).

(5) Provisions of this part limiting the number of proxies a person may hold from owners of lots do not apply to an original owner exercising a proxy under subsection (3).