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August 20, 2014 Jonathan H. Fine

Proxies and Privacy

A proxy is a person who attends and participates in a meeting of the owners of a condominium corporation, on behalf of a unit owner. The document given by the unit owner to the proxy is called an instrument of proxy, or a proxy form. A proxy form for a meeting where there is an election will indicate the candidate who the proxy holder is instructed to vote for.  The proxy is deposited into the ballot box instead of a ballot.  A problem arises in terms of confidentiality where a unit owner requests to inspect the proxies, and also with the scrutineers who tally the proxies. 

Whenever proxies are examined by someone who is not the chairperson (or assisting counsel) of the meeting, part of the management check-in team or the scrutineers, the voting preference of the proxy donor must be concealed.  Although there is an implied duty on scrutineers to maintain the privacy and confidentiality of such voting process, scrutineers should be reminded that they are not allowed to disclose how any proxy donor voted.

Jonathan H. Fine

Jonathan H. Fine Partner

B.Sc., J.D., F.C.C.I.

jfine@finedeo.com
905.760.1800 x226
905.760.0050

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