Proxy Voting Rights in Sectional Title Schemes | EstateIQ Q&A
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Question

1. What is a proxy?
2. Who may hold a proxy?
3. What is the maximum number of proxies a person may hold?

ELA - EstateIQ Legislative Assistant

ELA

EstateIQ Legislative Assistant

Here's a summary of how proxies work in sectional title schemes under South African law:

1. What is a proxy?

A proxy is a written authorisation that allows one person to represent a member (an owner) at a meeting of the body corporate and to vote on that member's behalf.

If an owner cannot attend a general meeting, they may appoint a proxy to attend, speak, and vote for them.

Legal source:

Section 6(5) of the Sectional Titles Schemes Management Act, 2011 (STSMA) gives members the right to be represented by a proxy at meetings of the body corporate.

2. Who may hold a proxy?

Any person—whether or not they are a member of the body corporate—may hold a proxy, provided they are properly appointed in writing by a member who is entitled to vote.

The Management Rules (Annexure 1) set out the conditions for proxy appointments:

  • PMR 20(5) requires that a proxy must be appointed in writing in the prescribed form, known as Form C.
  • Form C, found in Annexure 3 of the Regulations, is the official proxy document that must be completed and signed by the member. It includes:
    • The name of the member and their proxy,
    • The meeting date and time, and
    • The member's signature and date.

Form C ensures that all proxies are consistent and legally valid across schemes.

Important restrictions:

A proxy must not be:

  • The managing agent, or
  • An employee of the managing agent or the body corporate.

[PMR 20(6)]

3. What is the maximum number of proxies a person may hold?

A person may not act as a proxy for more than two members of the body corporate.

Legal source:

Section 6(5) of the STSMA expressly limits proxy representation to no more than two members per proxy holder.

Summary Table

Question Key Point Legislative Source
1. What is a proxy? Written authority for a person to represent a member at a meeting. STSMA s 6(5)
2. Who may hold a proxy? Any person, if appointed in writing using Form C. PMR 20(5), Annexure 1 + Form C (Annexure 3)
3. Maximum number of proxies A person may act as proxy for no more than two members. STSMA s 6(5)
Disclaimer: The information provided here is for general guidance on sectional title legislation and does not constitute formal legal advice. For specific legal interpretation, disputes, or official rulings, consult with qualified legal professionals or the Community Schemes Ombud Service. ELA can make mistakes. Double-check responses.
ELL - EstateIQ Legal Lookup

ELL

EstateIQ Legal Lookup

Legislative References

Sectional Title Schemes Management Act

6(5): A member may be represented in person or by proxy at such meeting: Provided that a person must not act as a proxy for more than two members.

Management Rules

20(5): A member's appointment of a proxy in terms of section 6(5) of the Act and the proxy's acceptance of the mandate must, except in the case of an appointment in a mortgage bond, be substantially in the prescribed form and must be—

20(5)(a): delivered to the body corporate 48 hours before the time of the meeting; or

20(5)(b): handed to the chairperson before or at the start of the meeting.

Management Rules

20(6): A proxy need not be a member, but must not be the managing agent or an employee of the managing agent or the body corporate.

Management Rules

20(7): When two or more persons are entitled to exercise one vote jointly, that vote may be exercised only by one person, who may or may not be one of them, jointly appointed by them as their proxy.

Disclaimer: ELL provides official legislative text and estate rules (such as the Code of Conduct) for information purposes only. It does not constitute legal advice. For assistance with legal interpretation or application, please consult a qualified professional.