There’s been some excitement lately about the proxy forms used for the Windsor Garden SGM. What’s that all about?
A proxy form gives someone else the right to represent a person who cannot be present at the meeting. The person giving that permission may assign the right to vote as they feel, or they may specify a particular decision that they want to see acted on. This will depend on the level of trust that exists between the parties.
If the options are simple, such as very specific vote, it makes sense to include an option that covers the wording for that vote and includes “in favor” or “opposed” or “abstain” choices.
However, if the vote is a complex one, then including the options to be for/against/abstain becomes very complex.
If you have a form that restricts the proxy holder from choosing, and there are any amendments to the motion, the proxy form is void.
In the event of the upcoming SGM, the choices would have to include the names of individual council members, which simply isn’t possible because the names of potential nominees for council haven’t even been set forth yet. So including such options wouldn’t really make sense. For that reason, the Associa lawyers recommended a simpler form that doesn’t include specific voting instructions on each resolution.
You can write in any instructions, but the proxy holder can technically vote how they see fit with the current format. You can’t write in your votes for any newly elected Council Members as there’s no way to know who may be nominated.
Owners who want very specific decisions on any resolution that’s on the agenda may, in that case, word the proxy any way they wish. They can use the existing form and include their instructions, or they can use their own form configured in any way they like.
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