A.K. from New London County writes:
Dear Mister Condo,
I live in a 15-unit condo. In an annual business meeting are 2 residents of one unit allowed to be individual proxy’s for 2 other units?
Mister Condo replies:
A.K., proxy votes can be tricky, especially in smaller associations like yours. With only 15 units like yours, each vote is worth 6-2/3% of the total vote. In Connecticut, the rule is that no one unit owner may control more than 15% of the vote, so one person voting for himself and one other is 13-1/3% of the total vote. Your statement is that 2 unit owners from the same unit are also voting for 2 other units. Depending on how you interpret that, it would appear that one unit is controlling 20% of the vote, which exceeds the 15% rule. Ideally, in your association, one unit owner could vote for themself and one other unit owner by proxy without violating the 15% rule. Your governance rules may state otherwise but it is my friendly opinion that only one proxy can be cast by a voting unit owner without violating the state law. I am not an attorney so please do not consider my advice as legal. You may wish to seek a legal opinion, especially if the outcome of this questionable proxy voting has brought about undesired consequences. Good luck!