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Appointing a Proxy: What does it mean?
November 26, 2024
Strata Corporations hold Annual and Special General Meetings to vote on important items such as the operating budget, bylaw amendments, capital expenditures, and election of Council. At these meetings, Owners have an opportunity to engage with their community, ask questions, and vote. In-person attendance by Owners is highly encouraged.
If in-person attendance is not possible, Owners can appoint a proxy.
What is a Proxy?
A proxy is a written authorization given to enable someone (the proxy holder) to act on behalf of the Owner appointing the proxy.
A proxy:
- must be in writing, and be signed by the Owner appointing the proxy
- can be given for general purposes or for a specific resolution or for a specific meeting
- can be revoked by the Owner appointing the proxy at any time
- can be held by any person except the strata corporation’s strata manager or an employee of the strata corporation
A proxy holder may do anything the Owner appointing the proxy can do, including voting, voting on amendments, proposing and seconding motions, electing the Council, and participating in discussion.
What role does the strata corporation play when it comes to proxies?
- At registration for the meeting, the strata corporation ensures the proxy form is in writing and is signed.
- The strata corporation does not keep the proxy form. The proxy form stays with the proxy holder.
- The strata corporation does not check or verify that the proxy holder is voting how the Owner instructed. It is important to only appoint a proxy holder you trust.
Frequently Asked Questions:
- I cannot attend the meeting, who should I assign my proxy to?some text
- Someone you trust and know will attend the meeting in person. The proxy cannot be a strata manager or employee of the strata corporation.
- Do I have to use the proxy form attached to this notice package? some text
- No. Although most strata corporations attach a proxy form to their Notice Package for convenience, Owners can choose a different written authorization as long as it is in writing and signed by the person appointing the proxy.
- Can an email be a proxy? some text
- To be valid, a proxy must be signed by the person giving the proxy. As a result, an unsigned email is not a valid proxy.
- What if multiple proxy assignments are received for the same unit? some text
- The chair of the meeting must determine which is the most current. If that is not possible, the chair could determine the proxy not valid.
- A proxy is the same as advanced voting, right? some text
- No. Advanced voting does not exist in strata. A common misconception is that if an Owner fills out a proxy form and submits it to the management company or a Council Member, they are voting in advance of the meeting and their vote is counted right away. That is not the case. The proxy form should be provided directly to the proxy holder for them to present at the meeting to act and vote on the Owner’s behalf at the meeting.
- Can the strata prevent someone from holding multiple proxies? some text
- No. The responsibility to avoid something like “proxy harvesting” or one person controlling the vote is with each Owner. Owners should only provide their Proxy to someone they trust and whenever possible, Owners should attend these meetings in person to vote.
In closing, attendance at Annual or Special General Meetings by Owners in person is always encouraged. If that is not possible, Owners should appoint a Proxy that they trust to attend the meeting and vote on their behalf.