NSW Property Law - How Many Votes Can a Unit Owner Have?

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

Icing

Active Member
17 December 2018
11
1
31
In a normal residential strata building, as an owner owning two units within the block, can I cast 2 instead of 1 vote at a general meeting? If 2, can I hold a double number of proxies than other owners who only own 1 unit within the block under property law?
 

Rob Legat - SBPL

Lawyer
LawConnect (LawTap) Verified
16 February 2017
2,452
514
2,894
Gold Coast, Queensland
lawtap.com
The laws differ state by state. But generally:

1. The votes are allocated per lot. You have multiple lots, you get multiple votes.
2. Proxies are personal. The number of lots has nothing to do with it. Look to your state's rules on who can hold proxies and how many.
 

Icing

Active Member
17 December 2018
11
1
31
2. Proxies are personal. The number of lots has nothing to do with it. Look to your state's rules on who can hold proxies and how many.

The number of proxies I have received are bigger than the max. number of proxies I can hold. Can I transfer some of the proxies to someone else, without notifying the original proxy assignor?
 

Rob Legat - SBPL

Lawyer
LawConnect (LawTap) Verified
16 February 2017
2,452
514
2,894
Gold Coast, Queensland
lawtap.com
Generally, no. Proxies in most cases are a personal appointment which cannot be transferred.
 
  • Like
Reactions: Icing

Tim W

Lawyer
LawConnect (LawTap) Verified
28 April 2014
4,913
820
2,894
Sydney
The number of proxies I have received are bigger than the max. number of proxies I can hold. Can I transfer some of the proxies to someone else, without notifying the original proxy assignor?
No.
 

Icing

Active Member
17 December 2018
11
1
31
Hi Tim and Rob, Are you sure I can't transfer my proxies?

My strata manager has allowed other lot owners to do that in the last few years. In fact, they have already managed to make the Owners Corporation to take up multimillion dollars mortgage to carry out unnecessary building work. These resolutions have passed and documented in the motions. As a lot owner, what can I do to salvage the situation?
 

Tim W

Lawyer
LawConnect (LawTap) Verified
28 April 2014
4,913
820
2,894
Sydney
How many units in the development?
 

Rob Legat - SBPL

Lawyer
LawConnect (LawTap) Verified
16 February 2017
2,452
514
2,894
Gold Coast, Queensland
lawtap.com
I don't practice in NSW, but yes - I'm pretty sure.

Appointment of proxies must be done in the form prescribed by the regulations (per s26, Schedule 1 of the Strata Schemes Management Act 2015). The prescribed form requires signature by the owner and a nomination of the person appointed as proxy. It does allow for an alternate proxy if the first choice already holds the maximum number of proxies - this isn't a transfer, it's an alternate appointment.

The proxy could not appoint someone else, as the appointment of any proxy must be on the prescribed form and signed by the owner of the lot to which the vote attaches. Therefore, the proxy could not sign a valid appointment form as they are not the relevant owner.
 

Icing

Active Member
17 December 2018
11
1
31
How many units in the development?
There are over 600 lots within the building. I don't know how they achieved it. A couple of the owners managed to obtain 200~300 proxies, so just a few people are controlling the entire strata building.

Many owners are either overseas or interstate. I wonder whether there is anything an individual owner can do to protect the interest of this strata lot.
 

Scruff

Well-Known Member
25 July 2018
902
133
2,389
NSW
There are over 600 lots within the building. I don't know how they achieved it. A couple of the owners managed to obtain 200~300 proxies
There's something seriously wrong with that in my opinion. That's basically giving two people control of the entire building.

And my friends wonder why I always say that I would never live in an apartment.