Hi,
One of our unit resident is a sole occupant. Her son whose name is on the deed lives in a New York area where the storm is currently going through. Her son is now living in a hotel because of flood damages to his house.
The board has one question as follows: Can her son e-mail her and sign the e-mail giving her authority to vote on his behalf. Could this be a valid proxy. We are having board elections next week and that is the reason she would like to vote for him.
Again, I appreciate all your answers and info on this matter. Helene
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Your Blogmeister responds.
I AM NOT AN ATTORNEY, AND WHAT FOLLOWS IS NOT LEGAL ADVICE
..
Virtually
anyone may hold a proxy so long as the unit owner giving the proxy is the
actual owner of the unit. Thus a non unit owner occupant (the
mother) can hold a proxy given to her by her unit owner son where the
proxy names his mother as the proxy holder.
The question arises, as to under what conditions may
the Proxy be voted; is it a Limited Proxy or a General proxy. These are complex
issues, and the following extract from FS-718 (The Florida Condominium Act)
will show clearly some of the issues involved.
…………………………………………………………………………………………………
(b) Quorum; voting requirements; proxies.—
1. Unless a lower number is
provided in the bylaws, the percentage of voting interests required to
constitute a quorum at a meeting of the members is a majority of the voting
interests. Unless otherwise provided in this chapter or in the declaration,
articles of incorporation, or bylaws, and except as provided in subparagraph
(d)4., decisions shall be made by a majority of the voting interests
represented at a meeting at which a quorum is present.
2. 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. A voting
interest or consent right allocated to a unit owned by the association may not be
exercised or considered for any purpose, whether for a quorum, an election, or
otherwise. Limited proxies and general proxies may be used to establish a
quorum. Limited proxies shall be used for votes taken to waive or reduce
reserves in accordance with subparagraph (f)2.; for votes taken to waive the
financial reporting requirements of s. 718.111(13); for votes taken to amend
the declaration pursuant to s. 718.110; for votes taken to amend the articles
of incorporation or bylaws pursuant to this section; and for any other matter
for which this chapter requires or permits a vote of the unit owners. Except as
provided in paragraph (d), a proxy, limited or general, may not be used in the
election of board members in a residential condominium. General proxies may be
used for other matters for which limited proxies are not required, and may be
used in voting for nonsubstantive changes to items for which a limited proxy is
required and given. Notwithstanding this subparagraph, unit owners may vote in
person at unit owner meetings. This subparagraph does not limit the use of
general proxies or require the use of limited proxies for any agenda item or
election at any meeting of a timeshare condominium association or a
nonresidential condominium association.
13. A proxy
given is effective only for the specific meeting for which originally given and
any lawfully adjourned meetings thereof. A proxy is not valid longer than 90
days after the date of the first meeting for which it was given. Each proxy is
revocable at any time at the pleasure of the unit owner executing it.
…………………………………………………………………….
I hope the reader is
beginning to see some of the complex issues deriving from this not so simple
question.
Following is a sample DBPR
Limited Proxy form
DBPR Form CO 6000-7 Rule
61B-23.002, F.A.C. Effective:_June 23, 2009_ 1 SAMPLE LIMITED PROXY FORM
The undersigned, owner(s) or
designated voter of unit No. ______ in______(name)___________ Condominium,
appoints (PRINT NAME OF PROXYHOLDER) or _________________ (Instructions to
associations: Fill in the name or position of an officer or director who will
serve as proxy holder.) as my proxyholder to attend the meeting of the members
of ___________(name)___________Condominium Association, Inc., to be held
___(date)_____, 20__, at _____(time)_____, in __________(place)_______,
Florida. The proxyholder named above has the authority to vote and act for me
to the same extent that I would if personally present, with power of
substitution, except that my proxyholder’s authority is limited as indicated
below: GENERAL POWERS (You may choose to grant general powers, limited powers
or both. Check “General Powers” if you want your proxyholder to vote on other
issues which might come up at the meeting and for which a limited proxy is not
required). _______ I authorize and instruct my proxy to use his or her best
judgment on all other matters which properly come before the meeting and for
which a general power may be used. LIMITED POWERS (FOR YOUR VOTE TO BE COUNTED
ON THE FOLLOWING ISSUES, YOU MUST INDICATE YOUR PREFERENCE IN THE BLANK(S)
PROVIDED BELOW). I SPECIFICALLY AUTHORIZE AND INSTRUCT MY PROXYHOLDER TO CAST
MY VOTE IN REFERENCE TO THE FOLLOWING MATTERS AS INDICATED BELOW: (Instructions
to associations; List below the specific questions or issues to be voted on.
The following are only examples.) Financial Reporting Waiver A. Do you want to
provide for a lower level of year-end financial reporting than is required by §
718.111(13), Florida Statutes, for the next fiscal/calendar year? Currently,
the Association is required to prepare a (list the level). ________ YES _______
NO If yes, vote for one of the board proposed options below: (The option with
the most votes will be the one implemented.) LIST OPTIONS HERE DBPR Form CO
6000-7 Rule 61B-23.002, F.A.C. Effective:_June 23, 2009_ 2 Reserve Funding
Waiver WAIVING OF RESERVES, IN WHOLE OR IN PART, OR ALLOWING ALTERNATIVE USES
OF EXISTING RESERVES MAY RESULT IN UNIT OWNER LIABILITY FOR PAYMENT OF
UNANTICIPATED SPECIAL ASSESSMENTS REGARDING THOSE ITEMS: B. Do you want to
provide for less than full funding of reserves than is required by §
718.112(2)(f), Florida Statutes, for the next fiscal/calendar year? ________
YES _______ NO If yes, vote for one of the board proposed options below: (The
option with the most votes will be the one implemented.) LIST OPTIONS HERE
DATE: _________ ______________________________________________________________________
SIGNATURE(S) of OWNER(S) OR DESIGNATED VOTER SUBSTITUTION OF PROXYHOLDER The
undersigned, appointed as proxyholder above, designates
_____________________________ to substitute for me in voting the proxy as set
forth above. (print name) _____________________________________ Date:
_____________ Signature of proxyholder THIS PROXY IS REVOCABLE BY THE UNIT
OWNER AND IS VALID ONLY FOR THE MEETING FOR WHICH IT IS GIVEN AND ANY LAWFUL
ADJOURNMENT. IN NO EVENT IS THE PROXY VALID FOR MORE THAN NINETY (90) DAYS FROM
THE DATE OF THE ORIGINAL MEETING FOR WHICH IT WAS GIVEN.
So Finally, I say, I do not
wish to be tagged with the charge of Unlicensed Practice of Law, so, if your
Annual Unit Owners meeting and Election is contemplating using Proxies for
anything other than establishing Quorum, consult your Attorney.
Dave Israel
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