Proxy forms
As we all know, owners that cannot—or do not want to—attend an owners’
meeting can give their proxy to someone else to attend the meeting and
vote on their behalf.
Section 52 of the Act provides that a proxy:
• must be in writing under the hand of the owner;
• must be for one or more particular owner meetings; and
• must use the prescribed form.
A proxy must use the new Ministry's pdf form
and it is a prescribed form, and accordingly it may not be
substantively changed. You can delete portions of the form that are not
relevant or don’t apply in a particular case. You can also add words or
clarifications, as reasonably required.
But you must retain the substance and general format of the form.
The form can be two pages or more (depending on the business to be dealt with at the meeting)
and, when you first look at it, it can seem very confusing.
However, it is not as difficult to understand as it first looks.
The form
The form consists of a minimum of two pages. depending on the number of
items to be dealt with, the proxy can require one or more extra pages.
Page 1
The first page of the form identifies the unit owner granting the proxy.
On the left-hand side of the page, you need to identify your condo
corporation and who is completing the form (owner, power of attorney or
mortgagee). At the bottom of the page, you need to write in the date
and time the proxy is being completed.
On the right hand side, you need to indicate your name and the address
of your unit. You also need to sign the proxy at the bottom of the page.
Having separated the information between the right and left hand side
allows the corporation to allow the inspection of a proxy while easily
redacting confidential and personal information.
Page 2
The second page gives the proxy holder instructions on what powers the
owner is giving the proxy.
At the top of the page, the owner writes the date of the meeting and
the name(s) of the proxy holder(s) in order of preference. This allows
the owner to name as proxy holder more than one person in case their
first selection does not attend the meeting.
A proxy holder does not need to be an owner.
What can your proxy holder do?
The owner then chooses what powers are given to the proxy holder.
The owner checks the first box if he simply wants the proxy to count
for quorum purposes.
The owner checks the second box if he allows the proxy holder to vote
only on routine
procedures at the meeting.
The owner checks the third box if you want to give the proxy full
authority to vote on all matters at the meeting, including on the
election or removal of directors. This is something new. The proxy
holder can now be given ballots to vote for the candidates of
their choosing.
However, the owner can fill in the candidates' names that they want to vote for if they wish.
Specific instructions
There
are four sections and the management company (or other originator) must
add to the length of the proxy form if the meeting has the following
business:
Section 1
Voting for directors that all owners can vote for.
Section 2
Voting for a director that only owners that occupy their units can vote for.
Section 3
Voting for specific matters. These items must be written on the proxy.
Section 4
Voting for the removal of directors and the election of substitutes.
Every time there is a box checked off or a name written on page two and
three, the owner needs to sign their name or their initials on the
right-hand side of the page in the corresponding section.
Very important:
The owner needs to sign or initial in the right-hand box beside every
line where they are making a choice.
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