You will recall that, in early May, the province of Ontario issued a new and improved version of the Condo Proxy Form. The information on this new form is re-organized and it offers more choices when delegating your proxy powers. Still, with all its improvements, the form continues to be somewhat daunting and difficult to complete.
Fear not! Here is our new Owner’s Guide on how to complete the proxy. It will walk you through the process, step by step, with easy-to-follow colour coding.
Feel free to share this guide with your condo owners to help them understand this new form and ensure they properly complete it.
The most significant change on the new proxy form is on page 2. The owner giving the proxy must now pick between 3 options:
- If you check the first box: the proxy can only be used towards quorum. Stated otherwise, the proxy holder cannot vote on anything. If you check this box, don’t complete the rest of the proxy.
- If you check the second box: the proxy holder can only vote on procedural matters (such as adjourning the meeting) but cannot vote on anything of substance. Therefore the proxy holder cannot vote for the election of directors or on the adoption of rules/by-laws. If you check this box, don’t complete the rest of the proxy.
- If you check the third box: the proxy holder can vote on anything, just as the owner would if he or she was present. If you check this box, you have two more options:
- Either, you “lock in” your vote. In such case, you must complete the rest of the proxy and ensure you identify who you want to vote for and, if applicable, who you want to have removed or whether you want to vote in favor or against other specific matters; OR
- You authorize your proxy holder to decide for you how to vote on the various matters. If you pick this option, you leave the rest of the proxy blank to allow the proxy holder to vote for you. In such case, the proxy holder should be given a ballot.
The new proxy is built in a “modular” way, allowing corporations to only include the portions relevant to the business at hand at any given meetings. Indeed, if you complete the proxy electronically, the form expands as you click on the various sections of the proxy.
- Section 1 deals with the election of directors;
- Section 2 deals with the election of directors for which only owners of owner-occupied units can vote;
- Section 3 deals with votes on other matters (such as voting on a rule or by-law);
- Section 4 deals with votes to remove directors and, if removed, to elect replacements.
For more information, download our new Owner’s Guide on how to complete the proxy.
You can find the latest and most current version of the forms by going to our “Form” sections at the top of our blog.