February 2020
(Updated February 2022)
The Condominium Services Management Act (CMSA) – Section 53 – makes it harder for individuals to influence voting for condo directors. Condominium managers are prohibited from soliciting votes via proxy to get themselves or a particular individual elected.
Individuals entitled to vote for condo directors, and on condo matters requiring a vote of owners, have the right to allow another individual to vote on their behalf. This is done through a proxy form.
It has become common practice in some condo buildings for directors hoping to be elected, or residents supporting particular individuals for election, to campaign door-to-door or in common areas. They may encourage residents to vote in a particular way. This may include advising on which candidates to select or write on a form. All of this is prohibited.
Individuals collecting proxies should not be instructing or influencing how individuals vote. It is unacceptable to canvas door-to-door to canvas for proxies and to suggest how an owner should vote. Once a proxy is completed, completing of sections left blank or inadvertently omitted is prohibited. Doing any of this could compromise the condo corporation or place an individual at risk of being charged with influencing condo voting.
It is acceptable to distribute a proxy form to the owners, collect completed proxy forms, and encourage use of a proxy.
