Manipulating the proxy form
Here are other proxy forms from another condo that a reader sent me.
They are from two different AGMs so we can see that this manipulation
is not a one-time occurrence but a standard operating procedure for the
property management company that prepares this condo's AGM information
packages.
Proxy form for
2013 AGM
Notice that the name of the incumbent that the manager wants elected
was printed on the proxy with a FOR or
AGAINST.
This form may have owners believing that they can either vote
for Elizabeth or against Elizabeth. There is nothing to indicate that
they can use their proxy to vote for a different candidate.
Proxy form for
2012 AGM
This is very cute. Notice that unlike our political elections for government office, the
candidates are not listed in alphabetical order, either by their last
names or by their first names. This was done by design.
Maureen is the president and so she is listed as first choice. Keith is
a director who often disagrees with the other four directors and the
property manager, so he is placed in third spot on the list.
Frank is not a board member and as far as we can tell, this was the
first time a candidate's name, who was not an incumbent director, was
printed on the proxy form. Frank was recruited by four of the directors
to run against Keith and the four also actively campaigned to have
Frank elected.
Frank was placed in the second spot.
Why it is so cute
Notice Note 4, printed above, where it states: "to vote for the
candidates named below and in the order set out below."
There is nothing anywhere in the AGM package that states that the
election is to
fill only two director positions. It would be easy to think that there
are three open positions. Owners could check off FOR beside all three
candidates thinking that they were voting to re-elect Keith. Of course,
they were not.
There is nothing to say that the owners can
vote for any individual that they wish for or even that they are
allowed to add any other names on the proxy form.
Putting Keith at the bottom, shows that the property manager and the
other board members are quite comfortable rigging the proxy form to
their advantage.
The real Form 9
Here is the Form 9 that is available from the ministry and is posted on
the Internet. This what the Form 9s shown above should have looked like.
Look at the Note below the blank spaces for the candidates names. It
says:
"Print the name of any individual whom you wish to elect to the board
of directors."
Who
prepared these Form 9s?
The property manager. Perhaps she had help from others at her
management company.
What is disturbing is that this is the second time in
the last couple of months that I seen proxy forms that were rigged to
give a candidate, or
candidates, an unfair advantage in a democratic election.
Not a
novel concept
Americans and Canadians believe that our form of democracy is so
important that we urge the leaders of the third-world nations to follow
our democratic model. However, when I look at this proxy it reminds me
about how North Korea runs its elections. Here are excerpts from a recent article in the National
Post.
"North Korean media claims
Kim Jong-un won 100% of the vote in his riding, which had 100% turnout
Associated Press | March 10, 2014
PYONGYANG,
North Korea — With no one else on the ballot, state media reported
Monday that supreme leader Kim Jong-un was not only elected to the
highest legislative body in North Korea, he won with the unanimous
approval of his district, which had 100% turnout.
Voters in the election have no choice
who to vote for — there
is only one candidate’s name on the ballot for each district. Instead,
they have the choice of voting yes or no, and according to official accounts
virtually all choose yes."
Well isn't this something. Instead of us Canadians teaching North Korea
how to run elections, it appears that some of our condo property
management companies are picking up tips from the North Koreans.
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