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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