Victorian Consolidated Legislation

Owners Corporations Act 2006 - SECT 87

Proxies

87. Proxies



(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.

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

(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.