Proxies | How, When and Why?

1 October 2021 | Nicole Tavares

It is in one’s best interest to attend the meetings of one’s sectional title scheme, as it’s in this forum where important decisions are raised, discussed and voted on, and you, as an owner and member of the body corporate, will not only be making up the quorum allowing the meeting to proceed, but you will also be the one casting your vote.

However, with life being as busy as what it can be, and schedules confirmed way in advance, we have all been in the situation where you have received the notice of a general meeting, and “Oh No!” you cannot make it… now what?! 

Section 6(5) of the Sectional Titles Schemes Management Act 8 of 2011 makes allowance for this by stating that a member can be represented by a proxy at a meeting. The Prescribed Management Rules add that the member’s appointment, and the proxy’s acceptance must be:

1.  Substantially in the form of the prescribed form:

   This means that, as long as all the information is there, it is not compulsory that Form C is completed in order for your proxy nomination to be valid, and

2. 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:

   Should there be no quorum at the meeting, and the members are waiting the required 30 minute period before adjourning, or proceeding at an adjourned meeting, it could also be decided by the chairperson of the meeting that proxies will be accepted during this time.

It is important to note that when appointing a proxy, the person does not need to be a member of the body corporate, however they cannot be the managing agent or an employee of the managing agent, or of the body corporate. Furthermore, a person nominated as a proxy may not act as a proxy for more than 2 members.

As mentioned above, even though it is not compulsory to make use of the prescribed Form C, the notification, appointment of proxy and acceptance of the mandate, it is important to have all the required information set out in Form C.  This information is as follows:

• The name of your scheme;

• The schemes sectional scheme number;

• Your name as a member of the body corporate;

• Your section number;

• The name of the person that will be acting as your proxy;

• The date of the meeting:

  • either only the meeting to be held on a certain date;

  • all meetings to be held before a certain date, or

  • all meetings until and including the next general meeting;

• Any special conditions and/or instructions – here we stress that you, in writing, should instruct your proxy on how you would like them to vote;

• Signature of the member giving the mandate and the date signed, and

• Signature of the person accepting the mandate and date signed.

 If your unit is jointly owned, even in the instance of husband and wife married in community of property, you are only entitled to 1 vote, and therefore a proxy form will need to be completed in order to grant 1 of the owners, or an another person, permission to cast a vote on behalf of both co-owners.

If your unit is owned by a CC, company or trust, then the proxy form must be accompanied by a supporting resolution. Should this not be presented together with the proxy form, the managing agent and/or chairperson may declare the proxy form invalid, however it is also possible, and more feasible, for them to give you a deadline to produce the said resolution following the meeting, provided that it does not delay the confirmation of the outcome of any votes cast.

So, next time you find yourself unable to attend a general meeting, remember to appoint a proxy in order to ensure that your voice is still heard. 

Should you have any questions on the above, or would like one of our consultants to be appointed as your proxy, please contact us on info@tvdmconsultants.com or 061 536 3138.