This week we look at representation at a meeting. If I (the owner) cannot attend the Body Corporate AGM what do I need to complete to have someone else represent me at the meeting?

First of all we need to look at who the registered owner of the unit is. 

If it is in my personal name – Karien Coetzee – then I can decide to give proxy to someone else to represent me at the meeting.  There is a prescribed proxy form to be used. Just remember the two proxy rule in the Act.

If the unit is registered in the name of a Company / CC / Trust then they need to complete a Resolution of Trust form that we have a template for that basically states which one of the Trustees / Directors / Members of the Company / CC / Trust will represent the company.  The resolution of Trust must be signed by all the Trustees / Directors / Members of the Company / CC / Trust.  Should this person not be able to attend the meeting he/she can then give proxy to another person to represent them.

There is also a Power of Attorney document – this basically gives someone the mandate to represent and act on behalf of the owner of the unit.  This gives more power than just a proxy.  A proxy is just for a meeting.  A power of attorney includes other dealings with regards to the unit as well.  When giving a power of attorney to someone it does not count as a proxy ito the two proxy rule in the Act.