By the Paddocks Club team

Below are examples of two questions on the Paddocks Club discussion forum. We want to show you what is available to our Community members!

Proxy received in email format

Member’s question:

Can an email confirmation of a proxy be accepted in lieu of the signed form.

Where the owner declares that she has provided a specific owner with proxy to act on her behalf.

Carryn’s answer:

Hello

Prescribed management rule 67(2) states that a proxy must be appointed “in writing under the hand of the appointer.”

An email is “in writing”.

If the email address of the appointer can be verified as their email address, then the email will suffice as a valid proxy.

 

Window panes – outside unit only

Member’s question:

Good day Paddocks Team

Units have window panes only on the outside of the unit.

Some of these window panes now need maintenance and the trustees are in two minds on who is responsible for the payment of this, will this be 50/50 as per Section 5 or are the full costs for the body corporate?

Your assistance is appreciated.

Anton’s answer:

Hello

If the windows are in the boundary walls of the sections, section 5(5)(a) would apply, making the panes half section and half common property, so the cost of maintenance is shared.

It would be possible to modify this arrangement – I suggest you have a look at the scheme rules, just in case there is a section 32(4) rule in place.

 

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Article reference: Paddocks Press: Volume 11, Issue 07, Page 04.

Professor Graham Paddock, Anton Kelly, Dr Carryn Melissa Durham and Zerlinda van der Merwe are available to answer questions on the Paddocks Club discussion forum for Community members. Get all your questions answered by joining Paddocks Club.

This article is published under the Creative Commons Attribution license.

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