A lot owner may authorise a person in writing to be proxy, including:
- attend, speak or vote on behalf of the lot owner at a meeting of the owners corporation;
- vote on behalf of the lot owner at a ballot;
- represent the lot owner on a committee of the owners corporation (only if the proxy is themself a committee member).
A person authorised to act as a proxy must act honestly, in good faith and exercise due care and diligence and cannot require or demand authorisation.
If there are 20 or fewer occupiable lots on the plan of subdivision, a person must not vote as a proxy on behalf of more than one lot owner. Note: exceptions apply if holding proxies for family members.
If there are more than 20 occupiable lots on the plan of subdivision, a person must not vote as a proxy on behalf of more than 5% of the lot owners. Note: exceptions apply if holding proxies for family members.
A Proxy Holder must not transfer the proxy authorisation to another person, so if one person holds too many proxies, they cannot simply assign some proxies to another person.
If too many proxies are held by a person, that person must nominate which proxies he/she wishes to use and which to discard.
Find out more at https://www.legislation.vic.gov.au/as-made/acts/owners-corporations-and-other-acts-amendment-act-2021
