Dear Mister Condo,
I received a proxy for election of the condo board. Seven positions. Eight names with no blank spaces. Seven for re-election. One new. In a conversation with a current board member she told me that the eighth name did not want to be on the board, but a different person did. Asked the management company, without success, how members are elected? Simple majority? A percentage needed? Quorum needed? What happens to the votes cast by proxy of the owner not wishing to be on the board? Does this not disenfranchise the owner wishing to run? Answer I received “You can cast your vote anyway you wish”. Is this proxy election valid?
Mister Condo replies:
J.B., without knowing the rules for proxy voting for your state and how your declaration, covenant, rules and regulations read, I can’t give you a definitive answer. Proxies are handled differently and can vary from association to association. I will say that the spirit of the proxy looks to be intact. It is up to you to look up your association’s rules on proxy voting to see if the rules were followed. Typically, candidates are either nominated or self-nominated in advance of the Annual Meeting where the election vote is held. A nominated candidate who wishes not to server can most certainly remove themselves from the ballot. If there were no other properly nominated candidates, it would follow that there would be a vacant slot for the seat running without a nominated candidate. It would also follow that you could write in whoever you would like although there is no guarantee that your write-in candidate would win or even choose to serve if elected. Typically, the elected Board members have the right to appoint a director to fill a vacancy until the next election. Whether or not the proxy is valid may be moot if there were only seven candidates for eight offices. I would encourage any interested candidates to let their intention be known to the Board and that they run for office during the next election cycle. All the best!