Proxy-Holders Voting at Condo Meetings

The article discusses the new mandatory proxy form and the debate around whether a proxy-holder may vote as they choose at an owner’s meeting. The owner can check the second box on the form, allowing the proxy-holder to vote on all matters that may come up at the meeting, including the election of directors, subject to the owner's instructions. The article argues that refusing to count a proxy-holder’s vote for candidates to the board because the candidates’ names are not listed would go against the consumer protection nature of the Condominium Act, 1998. Therefore, there is no basis to refuse to provide a ballot to a proxy-holder if an owner/mortgagee checks off the second box above and gives no instructions on how the proxy-holder should vote.