Kathleen Sutherland Director of Training and Technical Services |
Q.
What is a Proxy?
Is it the same thing as a ballot?
A. A
Proxy form is used when an owner will not attend a meeting. It helps
establish a quorum, and may be a way for the owner to cast a vote. The
term “Proxy” is also used to designate the person who will vote on your behalf
or at your direction.
The ballot
is the form used to cast a vote, which may be for an open Board position, or an
issue that owners must vote on.
If you plan
to attend a meeting, do not complete or sign a Proxy form. If someone
contacts you and asks you to sign a Proxy form, tell them that you plan to
attend the meeting, and will cast your vote then.
Cast your
own vote when you can and use a Proxy form only when you cannot.
Q. How
many different types of proxies are there?
A. We
use three types of proxy forms. All three forms of Proxies are used to help
establish a quorum.
Read the Proxy
form to determine what it is for, as described below. Never let anyone
tell you a Proxy is for one purpose when it says it’s for another.
General
Proxy
This
authorizes someone to vote on your behalf, so that person makes the voting
decision - not you. Do not give
anyone a General Proxy to cast your vote unless you trust that person to make a
decision that you
will be happy with. A General Proxy gives someone the right to cast your vote
however he/she wants. This is the most commonly used Proxy form.
Directed
Proxy
This
authorizes someone to vote on your behalf but, unlike the General Proxy, it
tells that person how you want him/her to vote: for a particular candidate, or
in favor of or against a particular issue.
Attendance
Proxy
This does
not authorize anyone to vote for you. The Attendance Proxy (also referred
to as a Quorum Proxy) simply counts you as “present by Proxy” in order to help
obtain a Quorum. Most By-laws state that a certain number of owners must
be present in person or by Proxy before any official business can be conducted
at the meeting, such as an election or a vote on an amendment. That minimum
number of owners is the Quorum.
By filling
out and signing an Attendance Proxy, the only thing that you are doing is to
help establish a Quorum so business can proceed.
No one votes
with an Attendance Proxy.
Q. Are
there any exceptions to using a proxy?
A.
Proxies can be used to establish a quorum unless prohibited by the
governing documents.