Proxies and Form C
The body corporate proxy form, and the rules behind it
A member who cannot attend a general meeting may be represented by a proxy, appointed on the prescribed Form C. In Estate Manager an owner appoints a proxy online in a minute, the proxy accepts, the two-proxy limit and the 48-hour cut-off are applied for you, and a paper form handed to the chair is checked against the same rules.


Online appointment
Form C, completed online in a minute
An owner opens the meeting, chooses a proxy from the members of the estate and sets the mandate. General lets the proxy vote as they see fit. Specific adds an instruction for, against or abstain on particular resolutions, special conditions, or both. The details are those of Form C, and the completed form prints at any time.
The appointment covers the meeting and its adjournments. The notice pack also carries Form C prefilled with the scheme, the owner and its units, for owners who prefer paper.

Acceptance
The proxy accepts or declines
Form C ends with the proxy's acceptance of the mandate, and rule 20(5) wants both the appointment and the acceptance substantially in that form. In Estate Manager the named proxy accepts or declines before the cut-off, and the owner sees the answer. A pending appointment already counts towards the proxy's limit.
A tenant can hold a proxy. They see the meeting only through it, read the owner's instructions and vote only for that owner.

Limits applied
Two members per proxy, never the managing agent
Nobody may act as proxy for more than two members, so anyone who already holds two is marked when an owner chooses, counting pending appointments as well as accepted ones. Anyone who signs in as the managing agent, or whom the managers record as working for the agent or the body corporate, is never offered. Appointments and acceptances close an hour before the meeting. One made after the 48 hours goes to the chair at the start of the meeting, as a form handed in, and a proxy may be withdrawn until the meeting ends.
The meeting's proxies tab shows the managers every appointment: the owner, the proxy, the status and whether the mandate is general or specific, with the form behind each.

At the meeting
The chair's check at check-in
After the cut-off, a signed form may still be handed to the chair before or at the start of the meeting. The chair records it at check-in, and Estate Manager applies the same rules at once: two members per proxy, and never the managing agent or anyone recorded as staff of the agent or the body corporate.
Holders of accepted proxies who attend online check in from their phones, and count once the chair confirms who they are. The minutes record how each proxy was lodged and whether its mandate was general or specific.

What the law says
Body corporate proxy rules
Proxies follow section 6(5) of the Sectional Titles Schemes Management Act, rule 20 of the prescribed management rules and Form C in Annexure 3 of the 2016 regulations.
General information, not legal advice.
Two members per proxy
A member may be represented in person or by proxy, but a person must not act as proxy for more than two members.
The prescribed form
A member's notice appointing a proxy must be substantially in accordance with Form C, and every notice of a general meeting encloses a proxy form in that format.
48 hours, or at the start
The appointment and the proxy's acceptance are delivered to the body corporate 48 hours before the meeting, or handed to the chair before or at its start.
Who may be a proxy
Anyone except the managing agent, an employee of the managing agent or an employee of the body corporate. A proxy need not be a member.
Joint owners
Two or more people who share one vote exercise it through one person, who may or may not be one of them, appointed jointly as their proxy.
What the form covers
A proxy to speak and vote at general meetings, including adjournments: one meeting, every meeting before a date, or every meeting up to and including the next annual general meeting (AGM). With no special conditions or instructions, the appointment is unconditional.
Free template
Form C proxy form
Form C, "Notification, appointment of proxy and acceptance of mandate", laid out as Estate Manager prints it, blank to complete by hand. In Estate Manager it goes out with every general meeting's notice, prefilled with the scheme, the owner and its units.
The scheme's name and SS number The member's name and units, and one proxy's name The meeting it covers, including adjournments Special conditions or instructions, such as for, against or abstain on each resolution Signature lines for the member and the proxy The section 6(5) note and the 48-hour lodging line
Questions
Questions about body corporate proxies
Anything else: ask us when you book a demo, or write to info@nanotech-computers.com.
How many proxies can one person hold?
What are the two types of proxy?
Can a trustee or the chairperson be a proxy?
Can a tenant vote at an AGM?
Is a proxy counted for the quorum?
Can a proxy speak at the meeting?
What if the form misses the 48 hours?
Is Form C filed with CSOS?
What it does not do
- An appointment may cover one meeting and its adjournments, every general meeting before a date, or every one until the next AGM, as Form C offers. A standing appointment comes with each later meeting's notice and takes a general mandate or special conditions, not instructions on resolutions.
- A proxy without a sign-in for the estate is named in full. The chair checks them in at the meeting and records their votes, and the app cannot tell whether they work for the managing agent, which the chair checks.
- The app knows the staff of the agent and of the body corporate only once the managers record them on the members page. The chair checks anyone else.
Related
More on meetings and votes
AGMs and general meetings
The notice pack that carries Form C, the register and the live quorum.
Read moreVoting and resolutions
How proxy votes count, in value and in number, with instructions enforced.
Read moreFree templates and tools
The AGM agenda, the results certificate and the notice date calculator.
Read moreSee a proxy go from appointment to vote
A demo follows a proxy on a fictional scheme: appointed online, accepted, checked in and voted as instructed, with the form and the minutes to show for it.
