A Paddocks Sectional Title Lifestyle Blog
Proxy appointments must be:
1) made in writing;
2) signed either by the owner or by a person “duly appointed in writing” to make that appointment (more on this in a sec…);
3) handed to the chairperson before the meeting starts, unless the authority is contained in a mortgage bond and that bond document is actually produced at the meeting.
Persons who cannot act as proxies
The following persons cannot act as proxies for owners in sectional title schemes:
Proxies appointed by co-owners:
When more than one person owns a unit, all of the co-owners of that unit must act jointly to appoint one person as their proxy. The written proxy form must be signed by each of them or by their representatives, duly authorized in writing to make that appointment.
Proxies signed by agents of owners
Where the proxy forms are not signed by the owners personally but by someone they have appointed in writing, for example in terms of a general power of attorney, the chairperson must see the original or a properly authenticated copy of the underlying authority, in this example the general power of attorney, and ensure that it does give the owner’s agent the power to appoint proxies. A copy of an authorizing document should be certified as a true copy by either a Commissioner of Oaths or a Notary Public. A copy of a mortgage bond containing a proxy appointment may be certified by the office of the Registrar of Deeds.
Chairperson to check proxy for specific instructions
Apart from the formal validity of a proxy appointment, the chairperson should check whether each proxy includes any specific instructions or limitations on the representative’s rights to exercise the owner’s rights at the meeting.
The chairperson must disallow or disqualify any purported proxy appointment form if it is not in accordance with the requirements detailed above.
The information I’ve provided above comes from our Sectional Title Meetings Handbook. We also offer an online UCT certficate course in Sectional Title Meetings – so if you want to learn more about sectional title meetings those are your options!
An additional note about proxies:
There is currently no limit on the number of proxies that one person can hold at a body corporate meeting!
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