My Sister and I own a section in Gateway Body Corporate. It is registered in both our names. How does it work at a General meeting of the Body Corporate? Who gets to vote on behalf of our section?
The STSM Act states the following:
PMR 20
(7) When two or more persons are entitled to exercise one vote jointly, that vote may be exercised only by one person, who may or may not be one of them, jointly appointed by them as their proxy.
So the two owners must essentially decide who will be the proxy for that section – to vote on behalf of that section at a general meeting. It can be any one of the two owners or it can be an outside person.
The STSM Act also states the following:
PMR 20
(5) A member’s appointment of a proxy in terms of section 6(5) of the Act and the proxy’s acceptance of the mandate must, except in the case of an appointment in a mortgage bond, be substantially in the prescribed form and must be‑
- delivered to the body corporate 48 hours before the time of the meeting; or
- handed to the chairperson before or at the start of the meeting.
So the proxy for jointly owned sections must also be handed in in the same manner as a “normal” proxy.
Please note that even if they both show up at the meeting they need to appoint one of them as the proxy to be able to vote for that section.