R.S. from Hartford County writes:
Dear Mister Condo,
Is a proxy form required to be included in materials sent providing information on those seeking election to an association board?
Mister Condo replies:
R.S., that’s a loaded question. Here’s a fairly simple answer. Proxy forms need to be readily available to all unit owners prior to the Annual Meeting, where the important business of electing officers and adoption of the Annual Budget will occur. Voting is the most basic of rights possessed by unit owners and voting by proxy is allowed and encouraged when it is not possible for a unit owner to cast a vote in person. Ideally, the proxy form should be mailed to the unit owner of record when the notice of the Annual Meeting is mailed out. That notice may or may not provide information on those seeking election to the association Board. As a general rule, interested unit owners should be notified that they may seek election to the Board but I am unaware of any requirement that they be provided information on how to do so.
There are other rules about proxies which also need to be taken into consideration. For instance, who will cast the vote on behalf of the proxy voter. In most communities, no one member may cast more than 15% of the total votes. For instance, if 25% of the association members simply sent their proxy forms to the President, that president could only cast votes totaling 15%. It is best to entrust a proxy vote to a fellow unit owner who will be attending the meeting and will cast the proxy vote as per the desire of the proxy voter.