Limits on voting by proxy or as nominee
59 Limits on voting by proxy or as nominee
(1) At a meeting of the Management Corporation, a person who has a financial interest in a prescribed arrangement or a proposed prescribed arrangement is not entitled to vote as proxy for another person or as a nominee of a corporation on a motion relating to the prescribed arrangement or proposed prescribed arrangement.
(2) For the purposes of subregulation (1), where a person or a spouse or de facto partner of the person:
(a) are the owners of shares, whether or not beneficially, in a company;
is a member of a firm; or
is a director or employee of a company or a firm,
that stands to benefit directly from a prescribed arrangement or a proposed prescribed arrangement to which the motion relates, the person shall be taken to have a financial interest in the arrangement.
(3) For the purposes of this regulation, a prescribed arrangement means an agreement or arrangement between:
(a) in the case of a registered lot, the Management Corporation or the Developer and any other person; or
(b) in the case of a proposed lot, the Developer and any other person,
being an agreement or arrangement:
employing or engaging a person under regulation 39;
(d) for the carrying out of a function or power of the Management Corporation under regulation 7 or 8;
(e) for the protection of the common property or a part of it or of the security of the occupants of the lots;
for the conduct of a business on the common property; or
(g) under which the rights of an owner of a lot are or are likely to be affected to a material extent.
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.