New Strata Laws and Proxy Votes
If you want to ensure your proxy votes are valid you must ensure you comply with the new proxy restrictions in the NSW strata reforms.
The total number of proxies that may be held by a person (other than proxies held by the person as the co-owner of a lot) voting on a resolution are as follows:
(a) if the strata scheme has 20 lots or less, one proxy form,
(b) if the strata scheme has more than 20 lots, a number that is equal to not more than 5% of the total number of lots.”
Therefore if your strata scheme has 20 lots you can hold 1 proxy vote in addition to the vote for your own lot. If your scheme has 21 lots or more it becomes a little more complicated and you need to calculate the number of lots in your scheme that total 5% or less.
We have provide the following table below to help. As a lot owner you can hold the following proxy votes:
- 1-20 lots in your strata scheme – you are entitled to your vote for your own lot + 1 proxy vote
- 21-39 lots in your strata scheme – you are entitled to your vote for your lot + up to 1 proxy vote
- 40 – 59 lots in your strata scheme – you are entitled to your vote for your lot + up to 2 proxy votes
- 60 – 79 lots in your strata scheme – you are entitled to your vote for your lot + up to 3 proxy votes
- 80 – 99 lots in your strata scheme – you are entitled to your vote for your lot + up to 4 proxy votes
- 100 – 119 lots in your strata scheme – you are entitled to your vote for your lot + up to 5 proxy votes
If you are not a lot owner you can only hold up to the maximum number of proxies, for example, if it is a 10 lot strata scheme you can hold one proxy vote.