What is a proxy in an owners corporation

Market_Insights_Proxy_Owners_Corporation

A proxy in an owners corporation. When owning an apartment or townhouse, you may have experienced what an owners corporation does and why it’s needed. In this market insight we would like to help you understand what a proxy is and when/why they may be needed.

An owners corporation is required to operate an annual general meeting (AGM) where property owners take the opportunity to discuss and vote on financial decisions. Topics may be related to ensuring the property is kept clean and tidy while other areas may be reviewing the insurance cover of the building. Each topic is very important but requires an AGM to implement these important discussions. In many circumstances, not everyone can make themselves available to attend the AGM. Some property owners may be foreign investors, some maybe committed to work while others may have medical conditions restricting them to physically be there. Appointing a proxy is an effective way to ensure you have input.

Who can be a proxy?

You can choose anyone to be a proxy. It’s wise to nominate a trusted person. You cannot appoint a company or trust. It must be an individual. It can be quite common to see landlords appoint property managers or family members. When appointing a proxy, you are granting them entitlement to attend the meeting and/or ongoing meetings on your behalf. This entitlement will also allow them to vote on any motions discussed. This is why selecting a trusted person is very important in ensuring your personal needs are being met. A proxy can allow that person to have power to discuss areas of concern over a rolling twelve month period, unless you withdraw your proxy at an earlier time. You should have a clear discussion with your proxy in advance so that they best represent you. Outlining a list of priorities is an effective way to making sure. You may want to change the budget by replacing a cleaner or landscaper.

A proxy has the entitlement to act on the following:

A proxy can do many things on your behalf:

  • Represent you on the Owners Corporation committee
  • Nominate an election on your behalf.
  • Discuss areas of concern such as ongoing costs or the tidiness of a communal area
  • Vote on proposed changes or motions

However a proxy cannot appoint another person to be a proxy. Only the landlord or home owner can appoint or change it.

How do I nominate a proxy?

Selecting a proxy is through completing and signing a form. These can be collected from your owners corporation. It cannot be implemented verbally.

Are you wanting to buy a property?

When looking to buy a property, regardless if its to occupy or invest, you should pay attention to the owners corporation and there potential roles. If you’d like to purchase a brand new or off the plan property, please feel free to contact us. We specialise in souring property for buyers and welcome the opportunity to help.

www.crestproperty.net.au

While we have taken care to ensure the information above is true and correct at the time of publication, changes in circumstances and legislation after the displayed date may impact the accuracy of this article. If you want to learn more please contact us. We welcome the opportunity to assist you.

February 2021

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