There are different types of proxies. A directed proxie allows you to indicate how you wish to vote and your proxie casts the vote for you. Frankly I don't understand why the member cannot just mail in a ballot rather than using a directed proxie! However, a general proxie gives the proxie holder the right to vote however he/she wishes. I believe this is the type of proxie most assns use. But regardless of the type of proxie, only the proxie holder should know how your vote is being cast, that is if your elections are secret. If ballots are required to be signed then the election is not secret.
If this election is in Florida, you can't vote for the election by proxy. You would cast your vote using a ballot, place it in a ballot envelope, then place in inside an outer "return" envelope which is signed and sent to the association. The Association should include all of these items with the 2nd election mailing no less than 14 days prior to the election date.
On election day, all of the ballots in their ballot and outer envelopes are first verified, then the other envelope is opened and the ballot envelope would be placed in a box or pile. Once all outer envelopes have been opened, then the inner ballot envelopes would be opened, verified and tallied.
As is the general rule, state condominium legislation is the primary guide to the method of election and most condo documents are properly written to follow the legislation. In some lower levels of government, such as a county or city, additional restrictions may have been adopted.
A second generalization is that in most circumstances, owners elect the DIRECTORS and these directors elect their officers on a yearly basis. Documents and the law may say:
* a proxy may be utilized when the unit owner(s) are unable to attend the meeting in person;
* if the unit is owned by multiple persons, voting by a proxy requires all unit owners to sign the proxy;
* in voting for directors, only qualified unit (persons) may vote. That is, the assessments must be current to a certain period prior to the date of the meeting.
* unit representative present in person may cast a vote regardless of the number of owners on the deed,
Votes are tabulated either on a "one vote per unit" or on a weighted percentage basis as stated in the condo documents. Therefore each proxy and ballot must match to the voting share. To permit "secret" ballots requires additional steps such as in Florida where three envelopes are used to control the accuracy of the election and permit "secret" voting. In handling elections for management and boards, here in Maryland our company uses a proxy printed on a large envelope and a smaller envelope holding the ballot must be returned inside the larger "proxy" envelope.
In moving to electronic elections, it is more complicated to establish such a procedure for each condominium. And generally this action must be authorized by state law enabling a condo to establish such a procedure.
A board should evaluate its election procedures shortly after the previous meeting and carefully and with legal counsel make adjustments and then these procedures must be fully disclosed to owners to allow discussion and implementation. When permitted, the goal should be to permit the privacy of the actual vote by an owner.
I have been in a condo for over ten years. Never once has the board sent out a ballot, or any kind of proxy. They vote by show of hands of people attending the general meeting only. Is this legal?
PS from PN..... I live in Illinois
I'm the one that posted the original question. I live in NJ. Previous elections were all done by mail to a CPA firm which we later found out was illegal since they didn't open the sealed envelopes at our annual meeting so there can never be a quorum. Now they have decided to do the election on March 9. If you are able to, you go to the clubhouse and cast your vote between 6 and 8PM. We have 700 plus units and usually around 500 are eligible to vote. Regarding the proxy it states if you are allowing the secretary to cast your vote you should check which candidates you would like to vote for and she will do it for you. In my case, my neighbor who does not live in state has asked me to cast his ballot and is naming me as his proxy but they are still REQUIRING who he is voting for or the proxy will be void. Does that seem right? This is supposed to be a secret ballot unless you give your vote to the secretary. I thought the object of a proxy was to give your vote to someone you will be trusting to cast it for you the way you want. Judi
I understand the Ballot and Proxy process, my question is in regards to the minimum required responses in the state of Florida, County of Collier, and City of Naples.
Our By-Laws require 50% +1 vote, to make the vote valid. One of the Board members believes this was changed on a State level and (I understand we are bound by the State ordinances) we want to make sure we are abiding by the right/correct ordinances.
Thank you for your response.
Is it manditory to include a proxy with a mail in ballot? Why should a proxy be included if it is a straight mail in ballot process.?
The proxy serves as your "attendance" for the meeting in order to satisfy meeting attendance requirements. It allows for another person to attend and create your attendance, and the ballot allows you to vote for who you have chosen. Without the proxy, your association may not be able to meet attendance requirements.
can a homeowner be disqualified from a vote if they refuse to sign a proxy or attend the meeting
Can a person who does not otherwise have th
Thankse right to vote at a general condo meeting be named on a proxy circumventing the ineligibility to vote and can he then vote for an owner?
I live in Florida and got a ballot to return for voting by proxy. The envelope to return the ballot was sealed in a separate envelope and then put in another with the signed proxy. We are instructed to put a return address on the envelope and also put a signature if we want our vote to count. I was told by the management company that this is Florida law.
With so many owners being out of the country
they do not have enough time to receive the
mailing complete the ballot and get it back out
to the association, the 14 day rule does not
give enough time and these owners voice are
not being heard, not fair and they do not allow
a proxy to be used for election of board. The
State of Florida needs to revisit the laws regarding