Elections at Annual Meeting

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
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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.

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(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.

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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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