Property glossary
Proxy
Also known as: proxy appointment, proxy vote
A written authority allowing one person to attend and vote at a scheme meeting on behalf of an owner who cannot attend.
Definition
A proxy is a written authorisation by which an owner (the principal) appoints another person to attend a community scheme meeting and vote in their place. The proxy holder exercises the owner's vote on the resolutions before the meeting, either as instructed or, where permitted, at their discretion. Proxies must usually be lodged in the prescribed form before the meeting starts to be valid.
In the South African context
Under the Sectional Titles Schemes Management Act (STSMA, Act 8 of 2011) and its management rules, an owner may be represented at a body corporate meeting by proxy, and the appointment must be in writing and signed by the owner. The rules typically limit how many owners one person may hold proxies for and prevent the managing agent or its employees from holding proxies, to avoid concentration of voting power. Homeowners' associations regulate proxies through their own constitution or MOI.
Example
An owner who is overseas signs a proxy form appointing a neighbour to vote on her behalf; the neighbour lodges it with the chair before the AGM and casts her vote in favour of the proposed budget.
Why it matters
Proxies determine whether a meeting reaches quorum and how contested resolutions pass, so checking that each proxy is valid, in form and properly lodged is critical to the meeting's legitimacy.
Informational only — not legal advice. Confirm specifics against the current Act and your scheme’s rules.
Sources
- STSMA — Sectional Titles Schemes Management Act 8 of 2011 — owner may be represented by written proxy at body corporate meetings