Victorian Current Acts

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OWNERS CORPORATIONS ACT 2006 - SECT 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.

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.



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