Voting by proxy
If you can’t attend meetings but still want to participate in decision-making processes, you can enable somebody who will attend the meeting to vote for you. You do this by completing a legal document called a proxy form. You then give the form to the attendee (the proxy).
Proxies can serve for many types of votes. For instance, you can use a proxy to vote for a director.
The person you choose as your proxy need not be an owner in your condominium. You need to ensure that the person you choose as your proxy will represent your wishes at the meeting.
You can create only one proxy per unit. If you co-own your unit, the proxy represents all owners of the unit.
How a proxy is created
You must sign your written proxy form. Your signature on the proxy form must match the name on the condominium corporation’s record of owners.
You can use a proxy form to vote for the position on the board reserved for voting by owner-occupied units. Only owners of owner-occupied units can vote for that position, so your form must stipulate that it is a vote for that position.
Effective November 1, 2017, the following changes to voting method apply:
Votes may be cast by:
(a) a show of hands, personally or by proxy
(b) a recorded vote that is:
(i) marked on a ballot cast personally or by a proxy
(ii) marked on an instrument appointing a proxy
(iii) indicated by telephonic or electronic means, if the by-laws so permit
Also, condo owners now have the right to keep the content of their votes confidential. Under certain conditions, a condo corporation can pass a by-law to amend or repeal this right. For further details, please see section 14.1 of O. Reg. 48/01 under the Condominium Act, 1998.
You can access the mandatory proxy form on the Condominium Authority of Ontario website.
How a proxy is validated
At most meetings, your proxy must hand in the proxy form at a registration desk to allow them to vote on your behalf. Your condominium’s by-laws may specify how to deal with proxy forms at a meeting.
The condominium corporation must keep the proxy forms it receives for 90 days after the meeting.
Effective November 1, 2017, the record must be retained longer than the initial 90 days after the meeting if the corporation receives notice of litigation relating to the proxy within the 90 days.
Accessing copies of proxy forms
All proxy forms submitted at a meeting of owners are considered condominium records. This means that unit owners, purchasers and mortgagees (“requesters”) can request copies of the proxy forms used at an owner’s meeting from their condo corporation. Proxy forms and ballots are required to be kept for at least 90 days after the meeting.
Condominium corporations are required to provide copies of these forms to an owner who requests them, but only after removing / redacting all information that identifies who submitted the proxy.
This is because section 55 (4) (d) of the Act and 13.11 (2) 4 of Ontario Regulation 48/01 prohibit condominium corporations from providing any portion of a proxy form that identifies the unit or owner who submitted it – unless the condominium corporation has a by-law that permits access to this information.
In practical terms, this means that requesters can access the left portion of the proxy form, which includes:
- the condominium corporation’s name;
- the proxy giver’s role in the condominium (unit owner, mortgagee or a ;
- the date of the meeting;
- the date the proxy form was signed; and
- all voting information.
In most cases, requesters are not entitled to access the right side of the mandatory proxy form, which includes:
- The proxy giver’s name;
- The proxy giver’s unit number, address and / or other description of their unit; and,
- All signatures and initials.
The Condominium Authority Tribunal (CAT) has decided several records disputes related to accessing proxy forms. You can review some of these decisions below:
- Sakala v. York Condominium Corporation No. 344, 2022 ONCAT 11
- Sharma v. Toronto Standard Condominium Corporation No. 2510, 2022 ONCAT 3
- Janet Cangiano v. Metropolitan Toronto Condominium Corporation No. 962, 2018 ONCAT 7
To learn more about requesting records from your condo corporation, including copies of proxy forms, please see the CAO’s condominium records webpage.