May 2024
A resident wishing for himself, his wife and their friend to be elected to our Board of Directors went door to door and collected proxies.
They were elected and now have the majority vote on our Board. We do have a ‘no solicitation’ rule but the manager says it does not apply in this situation.
Can someone advise as to where to take this for further investigation as to whether our voting was valid?
D.
Response from Toronto Condo News
Those elected as directors and serving on the condo board yield considerable authority and control large sums of money. Elections are to be conducted in accordance with the Condo Act.
If you suspect your condo election was not conducted properly, refer to Sections 51 to 53 of the Condo Act which you can access at https://www.ontario.ca/laws/statute/98c19. Your declaration or by-laws may impose additional controls such as who can serve as a condo director. It may be that only owners or one member of a household can serve although this may be problematic in communities unable to find enough quality volunteers to serve on the board.
Your manager is correct. Individuals campaigning for election to the condo board is not considered solicitation and is not prohibited. Individuals can choose to campaign door-to-door and collect proxies. If enough proxies are collected, results of an election are decided in advance by those not in attendance on the day of a vote. These proxies should be reviewed to ensure they are properly completed before deemed valid. Among requirements, a proxy should be signed by the owner providing it and not by the individual collecting it. Some communities have eliminated the need for proxies, and door-to-door campaigning, by implementing electronic voting.
Information on condo elections and proxies can be found in the Condo Archives under Condo Boards, Communications & Community – Meetings and Elections.
Unless condo elections are conducted in a fair and valid manner, owners lose trust in their board and management.
I hope this is helpful to you.
