Putting a watermark on the proxy forms
There was a messy Special Owners meeting called on 23 December 2016 in
a very large condo corporation in North York to deal with two
separate requisitions organized by two waring factions on the board of
There were three directors who were facing a recall election.
The proxy form that was sent out with the meeting notice was deliberately drafted to influence the election results.
Must use this form
The proxy form contained a sentence that said:
"A Proxy Form different from the Proxy
Form issued by the condo corporation will not be accepted for a quorum
and/or voting purposes."
This is a violation of the Condo Act. The Regulations has sample proxy forms that would be equally acceptable.
The Proxy Form
This proxy form was given to the proxy for quorum use only.
There are a few other problems with this form:
|Management used colour paper to make it difficult to photocopy.
|They added a huge watermark that covered much of the form, again making it even more difficult to photocopy.
|The directors that were up for
recall were not listed in alphabetical order, or in the order of the
date that the requisitions were submitted to the board. It appears that
they were listed in the order that the majority of the directors and
management wanted to be recalled.
candidates that were
standing for election, if elections required, were not listed in
alphabetical order but once again, it seems in the order that the
majority of the directors and management wanted to be elected.
In Ontario, the new regulations (proclaimed in Nov 2017) require that the standard proxy forms
that are located on the CAO's website be used in all condo elections.
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