Also, a unit owner attended the meeting and another unit owner (board member) submitted that unit owner’s proxy. Should these proxies have been allowed in the vote?
“With regard to the condo in question, we have not had an opportunity to see the condo declaration and/or the bylaws. Assuming, however, that they are more or less standard, they will provide for the issuance and use of proxies for the election of board members and/or other issues. As far as we can tell, there is no time limitation on the advance issuance of a proxy (except, possibly as set forth above, the eleven-month rule). A proxy is automatically revoked by the issuance of a later proxy so there would not seem to be any reason to object to a proxy being executed long before any election. If the person signing the proxy changes his mind, he can sign a new proxy or simply attend the meeting and vote in person, which act would automatically revoke his prior proxy.
“As far as the duplication of proxies is concerned, the proxies must be signed by the individual giving the proxy so it makes no difference how many proxies any person may have unless there is some claim of fraud or forgery. Lastly, again, there is no prohibition preventing a person attending a meeting from giving his or her proxy to another attendee since the issuer of the proxy can simply revoke the proxy at the meeting by voting in person.”