As a condominium owner, participating in the governance of your condo community is crucial. One of the most important ways to do this is by voting at your Annual General Meeting. However, attending every meeting may not always be possible. This is where a proxy holder comes in. If you can’t attend, you can still have a voice in important decisions by appointing someone else—your proxy holder—to act on your behalf.

In this article, we’ll explore what a proxy holder is, their responsibilities, and how the Condominium Authority of Ontario’s (CAO) proxy form works.

What Is a Proxy Holder?

A proxy holder is someone authorized to attend a condo AGM or special meeting and vote on behalf of a unit owner who is unable to attend. The CAO proxy form allows the option for owners to delegate their voting rights to a trusted individual, ensuring their preferences are represented, even if they are not physically present.

The person acting as your proxy holder must follow the instructions you provide on the proxy form. They may be tasked with voting on various matters such as electing board members or passing other important resolutions that require community approval.

How the CAO Proxy Form Works

The CAO provides a standardized proxy form for unit owners to assign someone as their proxy. This form is crucial for ensuring a transparent and organized voting process at condo meetings. Here are the key components of the form:

1. Identification of the Proxy Holder: Your proxy holder could be a trusted neighbor, a fellow condo owner, a board member, or even a family member. Choosing a reliable proxy holder is also critical, since if they do not attend the meeting, your vote will not count. You must clearly state their name on the form, officially appointing them as your representative.

2. Voting Instructions: After naming your proxy holder, the form allows you to provide specific instructions on how you would like them to vote on key issues. Condo owners typically have three options:

• • No Voting Authority: You may choose not to authorize the proxy holder to vote on any matters. In this case, they can attend the meeting on your behalf but not cast any votes.
• • Directed Voting: You can give explicit instructions on how the proxy holder should vote on particular matters in the agenda, such as board elections or by-law votes. They are legally obligated to follow these instructions.
• • General Authority: You may grant the proxy holder full discretion to vote on your behalf on all matters that arise during the meeting. This option gives your proxy holder the flexibility to vote without needing specific instructions.

3. Termination of Proxy: The proxy form is only valid for a specific meeting, or at any adjournment of the meeting, meaning your proxy holder’s authority ends once that meeting is over. You can revoke your proxy at any time before the meeting by notifying your condo corporation in writing.

The Responsibilities of a Proxy Holder

Acting as a proxy holder carries significant responsibilities. It’s more than just attending the meeting on your behalf—your proxy must ensure that your wishes are reflected in the votes they cast. Here are their key duties:

• • Vote as Directed: Proxy holders must follow the instructions outlined on the proxy form. For example, if you direct them to vote for specific board members, they are legally bound to cast your vote accordingly.
• • Attend the Meeting: A proxy holder’s presence at the AGM or special meeting is crucial. If they do not attend, your vote will not count.
• • Discretionary Voting (If Authorized): If you grant them general authority, the proxy holder can make decisions on issues that arise during the meeting. This is particularly useful if unforeseen resolutions or discussions emerge that require immediate input.
• • Adhere to Legal and Ethical Guidelines: Proxy holders have a legal duty to act in good faith and represent your interests. Failing to follow your voting instructions, or otherwise misusing their authority, can lead to legal consequences.

Conclusion

Appointing a proxy holder is an essential tool for condo owners who want to remain active in their community’s governance but are unable to attend AGMs or special meetings. The CAO’s proxy form offers a process for designating a representative, ensuring that your vote is cast according to your preferences.

When selecting a proxy holder, communicate your instructions clearly, and understand the extent of the authority you are granting. By doing so, you can ensure that your voice is heard in important decisions about your condo’s future—even when you can’t be there in person.