Queensland Consolidated Regulations

BODY CORPORATE AND COMMUNITY MANAGEMENT (ACCOMMODATION MODULE) REGULATION 2020 - REG 120

120 Use of proxy [SM, s 130]

(1) A body corporate member (
"member A" ) who is the proxy for another body corporate member (
"member B" ) may vote both in member A’s own right and also as proxy for member B.

(2) If at least 1 co-owner of a lot is present at the meeting, a proxy given by another co-owner of the lot is of no effect.

(3) A vote by proxy must not be exercised at a general meeting—

(a) if the member who gave the proxy is present personally at the meeting, unless the member consents at the meeting; or

(b) on a particular motion, if the person who gave the proxy has exercised a hard copy or electronic vote on the motion; or

(c) for electing or appointing a member of the committee; or

(d) for voting for a special resolution—

(i) prohibiting, wholly or partly, the use of proxies at general meetings; or

(ii) consenting to the recording of a new community management statement that identifies a different regulation module to apply to the community titles scheme; or

(e) for voting for a majority resolution; or

(f) on a motion approving—

(i) the engagement of a person as the body corporate manager, including a chapter 3 , part 5 engagement, or a service contractor, or the authorisation of a person as a letting agent; or

(ii) the amendment or termination of an engagement or authorisation mentioned in subparagraph (i) ; or

(g) on a motion decided by secret ballot; or

(h) if the person who gave the proxy is a subsidiary scheme representative and the community titles scheme is the principal scheme in a layered arrangement of community titles schemes; or

(i) if the general meeting is called under section 40 ; or

(j) in circumstances where this regulation requires a resolution, if passed, to have been passed with no votes being exercised by proxy.

(4) A proxy may be exercised by—

(a) the proxy holder voting in a show of hands at a general meeting; or

(b) the proxy holder completing a hard copy or electronic vote on a motion before the start of, or at, the general meeting.