Western Australian Current Acts

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125 .         Disqualification from voting as proxy

        (1)         If a member of a strata company who is an individual and sole owner of a lot is present at a general meeting of the strata company, the member must cast the vote for the lot personally rather than by proxy.

        (2)         A person must not vote as a proxy of another person on a resolution relating to the provision of goods, amenity or service to the strata company if the person so voting (the proxy ) has a direct or indirect pecuniary or other interest in the provision of the goods, amenity or service.

        (3)         Subsection (2) does not apply if —

            (a)         notice of the proposed resolution included, if applicable, the particulars described in subsection (4); and

            (b)         the instrument appointing the proxy expressly authorises the proxy to vote on the resolution and specifies whether the proxy is to vote for or against it.

        (4)         If the resolution relates to the strata company making, varying or extending a strata management contract, the notice of the resolution must specify —

            (a)         the name of the strata manager; and

            (b)         when the proposed contract, or the contract as proposed to be varied or extended (as the case may require) is to start and end; and

            (c)         each proposed variation, if applicable; and

            (d)         the remuneration that is payable under the contract or the way in which the remuneration that is payable under the contract is to be calculated.

        [Section 125 inserted: No. 30 of 2018 s. 83.]

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