Proxy Voting in NSW Strata Meetings: The Rules Explained

A proxy is a written authorisation from one lot owner empowering another person to vote on their behalf at a strata meeting. The owner is the appointer. The person voting on their behalf is the proxy (or “proxy holder”).

A proxy isn’t a vote substitution — it’s a vote transfer. When the proxy holder casts a vote, they’re casting the appointer’s vote, on the appointer’s lot, with the appointer’s unit entitlement. The proxy holder may also have their own vote on their own lot, in which case they cast two votes (their own plus the proxy).

Proxies are governed by Section 26 and Schedule 1 of the Strata Schemes Management Act 2015 (NSW) (opens in a new tab).

Under NSW law, a proxy holder must be a natural person — i.e. an actual human being, not a company. They do not need to be:

• A lot owner in the scheme
• A committee member
• A relative
• A solicitor
• An Australian citizen

In practice, proxies are most often given to another lot owner, a family member, or the chair of the meeting. But you can technically give a proxy to anyone you trust to vote on your behalf.

This is the rule that catches most people out. There’s a limit on how many proxies one person can carry into a meeting, designed to prevent vote stacking by a single owner with influence. The limit depends on the size of your scheme:

• Schemes with 20 lots or fewer — one person can hold a maximum of 1 proxy (in addition to their own vote)
• Schemes with more than 20 lots — one person can hold proxies for up to 5% of the lots (rounded up to the nearest whole number)

Worked examples:

A person who already holds the maximum number of proxies cannot accept any more. If they receive a proxy form taking them over the limit, that excess proxy is invalid.

A proxy form must be in writing and must include:

1. The appointer’s full name and lot number
2. The proxy holder’s full name
3. The meeting it applies to (a specific meeting, all meetings within a defined period, or all meetings for 12 months from signing — but never indefinitely)
4. Any voting instructions (optional — see below)
5. The appointer’s signature and date

The form does not need to be witnessed, but a witness signature adds an extra layer of validity if a dispute arises later. There’s a prescribed form template in Schedule 1 of the Regulation. Most schemes use a slightly customised version — but as long as the elements above are present, the form is valid.

When an owner appoints a proxy, they have two options.

Open proxy (also called “general proxy”). The owner authorises the proxy holder to vote however they see fit. The proxy holder uses their own judgement on each motion. This is the most common type — practical when the appointer trusts the proxy and doesn’t have strong views.

Directed proxy (also called “instructed proxy”). The owner specifies how they want each motion voted. For example: “Vote FOR Motion 1, AGAINST Motion 3, ABSTAIN on Motion 5.” The proxy holder must follow these instructions — they cannot vote contrary to a direction.

If a motion arises that wasn’t anticipated in the directions, the proxy holder generally uses their judgement — unless the form explicitly says otherwise.

The proxy form must be lodged before the meeting begins. Late proxies — those arriving during the meeting itself — are generally invalid. Lodgement methods accepted under most schemes’ by-laws:

• Email to the secretary or strata manager
• Physical delivery to the building’s meeting room or strata manager’s office
• Posted (received before the meeting)
• Handed to the chair before the meeting starts

Some schemes specify a cut-off (e.g. “proxies must be received by 5pm on the day before the meeting”). Check your notice of meeting for the specific deadline.

A proxy counts toward quorum exactly as if the appointer were present in person. If 3 owners attend in person and each holds one proxy, your meeting has 6 lots represented for quorum purposes. This is the most common way that small or apathetic schemes still achieve quorum — collecting proxies in advance is far more reliable than hoping for high in-person attendance.

For more detail on how quorum is calculated, see our strata quorum calculator guide.

For ordinary resolutions (simple majority), proxies count the same as in-person votes. One lot = one vote on a show of hands. For special resolutions (the 25% threshold), proxies count the same way. If a poll is called, proxies vote by the unit entitlement of the lot they represent.

For polls (votes weighted by unit entitlement), proxies cast the UE attached to the appointer’s lot — not the UE of the proxy holder’s own lot.

(More on thresholds in our special vs ordinary resolutions guide.)

An appointer can revoke a proxy at any time before the vote is cast. Methods of revocation:

• Attending the meeting in person. If the appointer turns up, the proxy is automatically revoked for the duration of their presence. The original owner votes their own lot.
• Written notice to the chair. A signed statement before the meeting starts.
• Lodging a new proxy form. A more recent proxy supersedes an earlier one.

If the appointer arrives mid-meeting after some votes have already been cast by their proxy, those earlier votes stand. The appointer takes over from that point forward.

A proxy form is invalid (and the proxy holder cannot cast the vote) if:

• The form is missing required information (appointer, proxy holder, signature, scope)
• The proxy holder has reached their maximum allowed proxies for the scheme
• The proxy holder is a conflicted party (strata manager, on-site caretaker, etc.) without a family exemption
• The form was lodged after the meeting began
• The appointer is unfinancial (you can’t transfer a vote you don’t have)
• The form’s specified time period has expired
• The appointer has revoked it

If you’re the secretary and you receive a proxy that looks invalid, raise it with the chair before the meeting starts — don’t wait until a vote is contested.

• Lodging too late. Proxies must be in before the meeting. Late submissions are not accepted, even by a few minutes.
• Sending proxy by SMS or unsigned email. Proxies need to be written documents with a signature (or a verifiable electronic signature). A text saying “I appoint Bob as my proxy” doesn’t satisfy the formal requirements.
• One person collecting too many. In a 22-lot scheme, one person collecting 5 proxies = 3 are invalid (the limit is 2). Spread proxies among multiple holders.
• Forgetting that unfinancial owners can’t give a valid proxy. If the appointer can’t vote themselves, their proxy can’t vote either.
• Treating a proxy as a “vote by mail.” A proxy is not a postal vote. The proxy holder must physically attend the meeting (in person or remotely if permitted) and cast the vote there.

If your scheme has resolved to allow remote attendance (Zoom or similar), proxies still apply normally. The proxy holder attends the remote meeting and casts the vote through the meeting’s voting mechanism (whether that’s a show of hands on video, a chat-based confirmation, or a digital voting tool). Proxy forms for remote meetings are typically lodged by email, which is the standard practice now.

Stratasphera’s proxy management:

• Generates a compliant NSW proxy form for each meeting, pre-filled with the meeting details
• Lets owners submit proxies through the platform (no paper)
• Automatically validates each proxy against the per-person limit, the appointer’s financial status, and the meeting’s lodgement deadline
• Tracks proxy holders during attendance, showing the chair exactly how many votes each person is casting and on behalf of whom
• Records all proxy details in the minutes automatically

For secretaries, this removes the most tedious and error-prone part of preparing for an AGM.

Try Stratasphera free for 30 days →