Boards Will Not Limit Their Right to Collect Proxies

Gerry Hyman has another article for the Toronto Star.  I wish to discuss two of the questions raised:

QUESTION:  In a recent column relating to proxies, you wrote: “The purpose would not appear to be to enable someone to collect proxies from numerous owners in order to secure the election of one or more candidates for the board.” What if that was exactly someone’s intention — to ensure the election of certain candidates?

ANSWER:  As I pointed out in my answer, even though that is not the intended purpose, there is nothing in the Condominium Act preventing the collection of multiple proxies. A board could pass a rule prohibiting any person from collecting and submitting multiple proxy instruments naming the same proxy.

No Board is not going to pass such a rule.  Why?  Because it stops them from collecting proxies to ensure that they are re-elected, to ensure that By-laws/Rules are passed, or to help stop the owners from voting them out of office.  It is laughable to think that the Board would ever do something like this.

The Government, through the Condominium Act, needs to restrict the number of proxies anyone can hold and to reduce the voting requirements to remove directors and pass By-laws (both require a majority of unit owners to approve, but could be reduced to a two-thirds majority of votes cast.)  But no Board will limit their own powers on their own.

The other question I wish to discuss is:

QUESTION:  A special board meeting was called at the request of three of the five directors to discuss suspected violations of procedures by the board. After the meeting was held the president declared that it would be treated as an “in camera” meeting and that no minutes would be prepared. Can he deny the other directors and unit owners the right to have minutes of the meeting?

ANSWER:  If the meeting was called as an official board meeting, minutes should have been taken setting out all business carried out at the meeting. The president was not entitled to decide that, if minutes were taken, they would not be prepared and presented to the board.

I have to question what the President’s intentions are.  No meeting is legitimate unless Minutes are kept.  Minutes of the meeting must be kept as a record.  It sounds like the President may need to be replaced with someone who knows their job and it willing to do what is in the best interests of the condominium, which includes keeping Minutes of Board meetings.  Anything else is totally unacceptable and should not be tolerated under any situation.

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