How do proxies work with condo association votes?
Florida Realtors
By John C. Goede
05 June 2017
Question:
Our condominium association is trying to amend
some of the use restrictions in the declaration of condominium. A
disruptive owner is going door to door and asking for proxies and
telling owners to "trust his judgment" and asking the owners to let him
vote on their behalf. I was told that proxies are not discretionary.
Can he do this? – B.D., Vero Beach
Answer:
A proxy is not a vote; it is the right to vote on behalf of
someone else. There also are two types of proxies: general proxies and
limited proxies.
General proxy
A general proxy actually gives the appointed proxy
holder the right to exercise his or her own discretion on a vote.
Limited proxy
A
limited proxy is more of an absentee ballot whereby the appointed proxy
holder must vote exactly as you instructed with no discretion. With
limited proxies, if you vote "in favor," the proxy holder must vote "in
favor."
So, although this owner can have his neighbors appoint him as their
proxy holder for a vote to amend the governing documents, the other
owners can't give him the authority to vote at his own discretion.
Florida Statutes section 718.112 provides:
"except as specifically
otherwise provided herein, unit owners in a residential condominium may
not vote by general proxy, but may vote by limited proxies
substantially conforming to a limited proxy form adopted by the
division."
Because votes to amend the declaration should only be conducted via
limited proxies (and votes in person at the meeting), it would not be
proper for this disruptive owner to be asking for general proxies. If
he is asking for general proxies, he likely is wasting his time because
the statute expressly requires the use of limited proxies for this type
of vote.
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