Do you own a property in a community scheme? Is an owner’s/general meeting coming up soon?
Can one still appoint a proxy and how does it work? See these golden tips below.
First, let’s take a look at what a proxy is. A proxy is the person who actually votes at the meeting. He/she has been given authority to represent someone else and cast a vote on their behalf when he/she is unable to attend the meeting.
In sectional title schemes the law has now changed and a proxy, (the person who actually votes at the meeting), can only represent two owners and no longer an unlimited amount as was previously the case.
The new sectional title legislation attaches a standard proxy form and specific instructions by the owner to the proxy can be given on the form including how to vote on certain items on the agenda.
In home owners associations, formed in terms of the companies act, a proxy can also be made use of. This is governed by section 58 of the companies act. This section sets out all the requirements of the appointment. The memorandum of incorporation, (MOI), of the company normally also deals with proxies. Ask your managing agent of the estate for a copy of the MOI.
If the form is needed, this should be available from the managing agent or from a law firm focused on community schemes.
Practically, appoint as a proxy a trustworthy person, someone who has your interests at heart. Be as specific as possible in your written instructions given to him/her when signing the appointment of proxy form.
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