Oakville Newspapers

Oakville Beaver, 21 Jul 1993, p. 28

The following text may have been generated by Optical Character Recognition, with varying degrees of accuracy. Reader beware!

:jCommon quegtionsabout voting by proxy -Dear Condofax: We have an Annual Meeting coming up tonight and the question of who can use proxies in the election of officers is on the agenda. Someone who is not an owner is gathering proxies with the hope of having himself elected to the Board of Directors. Would this be possible and if the proxies list up to four candidates what happens if only one or two names are listed on the proxy. Does this invalidate the proxies. I.M. Concerned Dear IM: In a recent article in the Golden Horseshoe Chapter's CONDO NEWS, Mr. Ron Danks of the firm of Simpson Wigle and President of the Chapter wrote on an issue that often rises in relation to Voting of proxies at unit owner's meetings. In the arti- cle Ron went on to describe what is a proxy. The word relates to two things. First it describes a written document which autho- any confusion as to when it was issued and the proxy may be general in nature or spe- cific as to the items to be voted upon. It is up to the secretary of the meeting to deter- mine the validity of the proxy for that par- ticular meeting and every proxy is to be recorded and noted that it is properly exe- cured. Anyone can be appointed to act as a proxy. even directors and property man- agers or a corporation, a partnership an unincorporated company as long as the To be valid the proxy form must be signed by the unit owner and dated to avoid rizes an individual to vote on another's behalf. Again, the word "proxy" describes the individual named in the document who has been given the right to vote. We have dealt with some of the more common questions about the use of proxies, there will inevitably be more that will arise. If there are other questions relating to this or any other problem, we invite you to contact proper name is stated in the proxy form. Is a proxy irrevocable? No, for any owner who turns up at the meeting may rescind the proxy by appointing another person to act in his/her place as long as the date shows that the second form was issued after the first. The use of proxies cannot be prohibited according to the Act and no rules or by-laws can prevent the use of these instruments, nor is it possible to limit the use of proxies and nothing prevents individuals hom soliciting door to door for proxies. However, if the unit owner is in arrears for more than 30 days prior to the meeting, that proxy is invalid and cannot be used to vote at that meeting. H. Penman Smith is a Burlington resi- dent who has been active in all phases of condominium activity since 1975. He is vice-president of the Golden Horseshoe Chapter of the CCI . as the Act states they are under the age of eighteen years or mentally incompetent. And from what I sometimes hear about some Boards I wonder what constitutes incompetence. Condofax welcomes your questions about condominiums and can be reached through the Oakville Beaver at 467 Speers Rd., Oakville, Ontario L6K 384 or by calling The Golden Horseshoe Chapter of the Canadian Condominium Institute (CCI) ar521-8144. us at our hot line number 416-521-8144 or this newspaper. As to whether someone who is not a unit owner running for the Board, there are no restrictions against this happening unless -

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