Short answer
An owner who can’t attend can appoint someone else — a proxy — to vote for them, in writing, before the meeting. NSW law caps how many proxies one person can hold: in a scheme of 20 lots or fewer, one; in a larger scheme, no more than 5% of the total number of lots.
Appointing a proxy
A proxy lets you have a say without being in the room. You appoint your proxy in writing before the meeting, on the approved form, and they vote on your behalf. The appointment can be limited to specific instructions (vote yes on this motion) or left to the holder’s discretion. In larger schemes, the appointment may need to be given to the secretary a set time before the meeting.
The proxy limits
To stop any one person amassing control by collecting proxies, the Act caps how many a single person can hold:
- 20 lots or fewer: one proxy.
- More than 20 lots: a number equal to no more than 5% of the total lots in the scheme (rounded down).
These caps don’t count proxies a person holds simply as a co-owner of a lot.
Proxies, quorum and eligibility
A proxy holder counts toward the meeting’s quorum, which is why gathering proxies in advance helps small schemes reach the threshold. But a proxy can only cast a vote the owner themselves could cast — if the owner is unfinancial, the proxy’s vote is limited the same way.
Handling proxies without a manager
Collecting proxy forms, checking each is validly appointed, and making sure no one holds more than the cap is exactly the kind of detail that trips up a self-managed committee. Straita gathers proxy appointments before the meeting, checks them against the 20-lot / 5% limits, and counts them correctly on the day — so proxy votes hold up and no one accidentally exceeds the cap.
Primary sources
- Strata Schemes Management Act 2015 (NSW) — appointment of proxies and the limits (one proxy up to 20 lots; 5% of lots above 20) (Schedule 1, cl 26).
- NSW Government — Strata schemes (Fair Trading) — proxy voting in strata.