Dear Tony: Thank you for your column about the fraudulent proxies and voting results. Unfortunately, the column did not get to the point of what we do with proxies that don鈥檛 meet the requirements of the act.
Our strata had similar problems in the past and our solution was to make a copy of each of the proxies as they were registered and retain them as part of our records in the event there was a dispute.
This resulted in several owners requesting to see copies of the proxies, and claiming they never issued a proxy for those meetings. If that occurs, what happens to the vote that was taken at the meeting? Is it void, or do we have to call another meeting?
Jas S.
A proxy is a written document signed by an owner appointing an eligible person to act in their place at the meeting. Proxies are not absentee ballots and the proxy is the person who has registered in the proper form.
There are pros and cons to proxies and how they are managed or permitted, but the alternative 鈥� no proxies 鈥� would only mean far fewer owners would have a voice in their strata business. For the vast number of strata corporations, proxies are well-managed and honestly represented. A simple solution to identifying who represents proxies is to include the registration roster in the annual minutes.
The names of those who registered in person or by proxy and who represented the proxies can be included in the minutes of the meeting. That way, you avoid including any personal information on the proxy form that may disclose directions for a secret ballot or other instructions.
By attending the meeting, owners and proxy holders consent to their names being included in the minutes. This provides disclosure to owners who have issued proxies and allows them to challenge the proceedings of the meeting, the voting results and the individuals who have fraudulently represented their strata lots.
An error in registration does not automatically result in the reversal of the decisions at the meeting; however, if there are reasons to believe the meeting resulted in a number of voting irregularities, the best solution might be calling another meeting to ratify the resolutions and take steps to prevent future abuses.
If there are voting irregularities at meetings, any owner can make an application to the Civil Resolution Tribunal or the courts to challenge the results of the meeting and seek an order to reconvene the meeting or nullify the resolutions approved.
One of the common misunderstandings about the registration process at a meeting is how votes are issued and who certifies proxies. Any person can act as a clerk at the registration desk. They may register owners and proxy holders and issue voting cards; however, there is no provision within the Strata Property Act or the standard bylaws that delegates authority for the clerk to certify the proxies as valid.
The delegated authority is created through the act and bylaws to the president or vice-president of council or the person elected to chair the meeting.
Once the meeting is called to order, the chairperson confirms that a quorum is present and certifies that the proxies are valid. If there are any questions that relate to the validity of the proxies, the chairperson must then decide if the proxy is certified and the voting card is issued.
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Tony Gioventu is executive director of the Condominium Home Owners Association