The Right to Vote By Proxy
- Rebekah Southard
- Jul 3
- 4 min read
HOW CAN AN OWNER VOTE IF THEY CANNOT ATTEND A MEETING?
Owners, and sometimes tenants or mortgagees, have the right to vote on resolutions brought forward at general meetings. The right to vote does not create an obligation to attend a general meeting in person. There are many reasons a person entitled to cast a vote may not be able to attend, including scheduling conflicts, vacations, health concerns, lack of interest in the majority of issues on the agenda. This does not deny the right to cast a vote on behalf of the strata lot – they can appoint a proxy.
WHO CAN BE A PROXY?
An eligible voter may appoint almost any person to act as their proxy. The only limitations are that the proxy holder cannot be:
An employee of the Strata.
Someone who provides management services for the Strata.
Beyond that, the choice of proxy lies with the voter.
CAN ONE PERSON BE A PROXY FOR MANY VOTERS?
We occasionally get questions about whether a single person can be the proxy for several voters and the answer is that a person can be the proxy for an unlimited number of voters. This cannot be limited by bylaw or procedural rule.
The reason for this is that a proxy is given discretion to decide how to vote. It would be unfair to voter to deny them the right to appoint the person they trust to properly exercise discretion as their proxy simply because another voter asked that person first.
HOW CAN I PROVE SOMEONE IS APPOINTED AS MY PROXY?
An owner may appoint a proxy for any reason. The Strata must remain disinterested and not attempt to influence who is appointed or how the proxy is instructed. The Strata’s role is limited to confirming whether the proxy is valid.
A proxy appointment must be:
In writing.
Signed by the person appointing the proxy.
Either a physical or electronic copy of the appointment must be provided to the Strata. When an electronic copy is provided, the requirement for a signature still applies. A typed name or cursive font is not sufficient: the appointment must be digitally or hand-signed. A simple text message is also insufficient.
The safest practice is to use a signed proxy form that the Strata is familiar with, whether physically or electronically signed. It is common for the Strata, with the notice of a general meeting, to provide a proxy form. It is important to note that using the provided form is not mandatory and a Strata cannot refuse to recognize a proxy only because a different form of appointment was used if that form is in writing and signed by the voter.
It is important to note that a proxy can only be appointed for a strata lot that is entitled to vote. If a strata lot is not entitled to vote, for example because it has a lien filed on the title and the bylaws prohibit it from voting, the appointment of a proxy cannot circumvent that restriction.
WHAT CAN A PROXY DO AT A MEETING?
It is important to remember that a proxy is not a ballot. A proxy is the delegation of authority from the voter to another person to cast a vote, as if that person was the voter.
The proxy holder acts in place of the voter and has the same procedural rights at the meeting. This includes the ability to:
Vote.
Participate in the meeting process.
Speak during discussion.
A proxy holder should not simply be told how to vote by the voter. There should be a substantive decision about the factors that are important to the voter so that the proxy can cast an informed vote.
This is important because new information is often provided at a meeitng while a resolution is being discussed and debated. As that new information is presented, the proxy may be decide that if the voter had that information, they would have voted differently than initially assumed.
For example, consider a situation where the voter told their proxy that they were concerned that the budget did not make sufficient contributions to the contingency reserve fund and therefore did not support it as presented. During the discussion of the budget, this point could be raised and the amount of the contribution to the contingency reserve fund could be increased. With this amendment to the budget, the proxy may vote in favour of the budget as amended.
A proxy has the authority and flexibility to adapt to what occurs at the meeting, rather than their discretion being fixed.
CAN THERE BE LIMITATIONS ON THE AUTHORITY OF THE PROXY?
The voter can include in the appointment instructions that guide or limit how the proxy holder is to vote. For example, a proxy may:
Be limited to a specific meeting.
Be limited to a specific resolution.
Include instructions on how to vote on certain matters.
Although the appointment may include detailed instructions, the Strata is not required to record or enforce those instructions.
Any potential dispute between the voteR and the proxy is a personal dispute between those people and does not involve the Strata.
A VOTER'S RIGHT TO APPOINT A PROXY IS ESSENTIAL TO DEMOCRATIC GOVERNMENT OF A STRATA
A proxy does not create a new right to vote. It is simply a practical tool to allow an eligible voter to participate in general meetings without being present.
If the proxy is property appointed in writing with an accompanying signature, the proxy holder may act in place of the voter. The Strata’s role is limited to determining whether the proxy is valid, not supervising how it is used.
