Victorian PM - AGM and proxy

A PM is not very good. Over several years I've attempted to raise items at AGMs and these are glossed over or incorrectly minuted. Early on the day of the AGM I appointed the PM as my proxy. I had quite a few points I wanted raised at the AGM. Most of these made the PM look very bad. Early in the afternoon the PM said he cannot be my proxy - conflict of interest. I said I had appointed him as the proxy, just say what I have submitted.

Today I got the AGM minutes. The PM did not attend, and another staffer conducted the meeting. My Proxy was cited as my name appointing PM name. None of the points I raised were minuted. This is the first time in many years that the PM has not attended an AGM.

Unless the PM broke a leg or died between 2.00pm when he emailed me and the 5.00pm meeting, it very much seems to me that by not being there my comments have been made silent for another year by a ruse. Some matters go back to 2013.

While there seems to be compliance with the law, the spirit of the law is broken. The PM will do anything to stop other lot owners knowing about how badly they run the place, a lot of money wasted or foregone.

I lodged a complaint during the FY. As far as I'm aware, this should have been minuted. It was not.

I'm not sure how to proceed on this, and advice would be valued. TIA.

 

Could you please clarify? The PM is not very good so you appointed the PM as your proxy to represent you and the complaints you have against the PM? Why would you do that? It seems like you are not acting in your best interests.

 

The PM is the only person who goes to every AGM. I did not have much choice in the matter about who to appoint. There were only two lot owners present, and mine was the only proxy, such as it was. The PM not attending is unprecedented.

 

whereabouts is this?

 

Oh, that's not good

Is there some reason you could not go yourself?

 

The property is in Victoria. I had another commitment. I have been sending proxies to Body Corporate and Owners Corporation AGMs for decades and this has never arisen before. The PM did not even advise me that he would not be at the AGM.

While there may be no technical breach, due care has been breached. By not raising the matters in my proxy – which the OC person chairing the meeting could have done – lot owners do not know about the very serious concerns and mismanagement I have raised for ages.

 

I am not having a good day. My posts refer to an OC property manager, as distinct from a PM that looks after individual properties. Sorry.

 

I don't understand why you would ever appoint an OC manager to be your proxy if you had issues with the OC.

Why wouldn't you appoint pretty much anyone else?

 

That's what I am trying to understand.

 

There was nobody else that would be at the AGM that I could rely on. As I said, there were ony two lot owners at the AGM, and the OC manager at the time had been to every AGM for decades.

 

Can't you get your Property Manager to be your proxy? They probably won't do it for free but ask if they can offer the service for a fee.

 

The PM - as opposed to the OC PM - cannot do this. The OC PM declines to give me details of other owners. I've met a few but have no way of contacting them. Mmm, maybe via their property managers. I tried this ages ago, got nowhere, privacy laws. LOL.

The question remains - has the OC PM broken any laws by not raising the information in my proxy at the AGM? has the OC PM acted contrary to the spirit of the laws by not attending?

 

This seems odd as well.

I don't know the specifics of your state's strata legislation, but you should generally have a right to inspect the strata roll with the contact details of each owner.

Its probably time for you to get proper assistance - either legal advice or maybe contacting a new OC management service for help in getting a new manager appointed.

 

A year down the track and the AGM is next month. Again I wish to have a proxy. The Victorian OC Regs 2007 Schedule 1 has a form of proxy where a proxy must be named. The for is along the lines of "I appoint (name) of (address) as my proxy."

Where a form is set out in a regulation that form cannot be vairied and be compliant. However, there is nothing to prevent additions to a form. In this case it may be that I could appoint a proxy, and add that if this person does not attend then a second person is the proxy.

Can anyone advise if this is a viable solution? TIA.

 

Why would you appoint someone that might not even go?

 

Best solution is to just go yourself.
Secondary - find another owner who thinks a long the same lines as you and will raise your concerns.

Make sure you write to the OC manager and ask them to add your items to the agenda before the meeting.

 

With one exception, every OC AGM that I have been involved in for decades - that's four OCs - has the OC PM attending and in most cases chairing the meeting. The 2017 AGM for this OC was the exception, successfuly denying me a voice. I can appoint the OC PM as myproxy and he should attend. But if like last year he does not then I want a fallback proxy, preferably two people.

The notice of meeting has been issued, and I cannot have anything added to the agenda. I tried this a few years ago before the agenda was issued and the OC manager declined to do so. The OC and Committee reports must be tabled at the AGM. However, in line with keeping owners in the dark, these reports are not with the notice of meeting. The first that owners know about the reports is after the meeting.

In about 2004 when the legislation was being written, in the consulatation process I submitted that reports need to be with the notice of meeting. Ignored. I said that same thing a few years ago when the legislation was being revised. Ignored.

For this and a number of other points the Victorian OC legislation and regulations are second-rate. A good OC manager will behave honourably and make good decisions. A rubbish OC manager will use the law to conceal rubbish decisions.