(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.
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.