Soliciting Proxies: Can Condominium Managers Do It?

The Condominium Management Services Act (CMSA) section 53 prohibits a condominium manager from soliciting proxies in certain circumstances. However, this does not mean that condominium managers cannot be involved in preparing, organizing, or collecting proxies anymore. The prohibition against soliciting proxies only applies to meetings where the subject matter related to the condominium manager or the election and/or removal of directors is included on the agenda. Condominium managers are permitted to "solicit" proxies for any meeting that does not include such subject matter. The underlying purpose of this prohibition is to ensure that condominium managers are impartial participants in a condominium's democratic processes.