The proxy form used by an owners corporation for their Annual General Meeting provided that:
“I/WE HEREBY APPOINT [must be a Unit Owner in UP 2737] OR failing him/her, the CHAIRPERSON to act as my/our PROXY at the Annual General Meeting of the Owners – Units Plan 2737 to be held on 16 August 2010 or at any adjournment thereof.”
The applicant applied to ACAT for a ruling on whether or not proxies can be used for the election of the executive committee, and of the chairperson.
In response, ACAT determined that:
as two limits had already been included in section 115 of the Unit Titles Act 2001 (ACT) (UT Act) as to who could be appointed proxyholders, if it was intended to further limit possible proxyholders, such limitations would have been included in that section. Consequently, the executive committee was not entitled to limit people who can hold proxies for owners; and the executive committee could not exclude proxies from voting in the election of the members for the executive committee and its chairperson unless the owner stated in writing that there was a limit on a proxyholder’s power to vote. As the legislation does not provide limits, a proxyholder is entitled to vote for the members of the executive committee and for the chairperson.