Weekly FAQ #3 – Can a proxy holder transfer their proxy to someone else?
Q. I’m a proxy on behalf a lot owner and elected to be on the Committee. I cannot attend the upcoming Committee Meeting, can I proxy someone else to attend on my behalf?
A. The simple & direct answer is no, because a proxy must not transfer the proxy to a third party under Section 87 (3)(c) of the Owners Corporations Act 2006.
This is problematic especially in a Committee who are formed largely by lot owners in the name of their company, superfund, etc as most of them would have been a proxy on behalf of the entities. One of the ways to get around it is to appoint yourself under the power of attorney on behalf of the entity. That way, you can appoint a proxy to represent you in your absence.
