Page 5 - New England Condominium August 2021

How to Handle Proxy Ballots Q I am confused about proxy voting and would like to know the follow- ing: Do proxy votes need to be in a sealed enve- lope and opened only during the meeting be- fore all those present, or can they be opened and read before the meeting starts (or even a week ahead)? Are proxy votes recorded as to who holds whose proxy vote? Do these proxy votes need to be recorded in the minutes of the meeting, and who the person is that is using them to vote? We have a person who runs for a board position time a er time, and just before our annual meeting gathers a majority of the votes by soliciting votes from owners who are un- aware of his actions. ose in attendance all vote against him, but he gathers enough prox- ies to win the vote again and again. Is there a way the board can rule out proxies or to limit the amount a single person can hold for vot- ing reasons? —Dubious Condo Voter A “First and foremost, all my answers and opinions are given in the spirit of avoid- ing bad optics for the board, maintaining transparency, and ultimately preserving the integrity of elections, whether on a national, state, municipal, and yes, even at the condo association executive board level,” says Frank A. Lombardi, partner at Lombardi Group, LLC, in Lincoln, Rhode Island. “As we have seen in the past national election for Presi- dent, matters can get out of hand quickly if people believe something went awry with their votes. Secondly, though I cannot speak for other states—only Rhode Island—I am sure it is relatively the same in my neighbor- ing New England state statutes that there are no speci c provisions within the Condo Act which speci cally deal with sealed proxies, or when and where they can be read, recorded, and the like. “Indirectly, though, the RI Condo Act directs that a unit owner has a right to have his or her vote counted by way of proxy. Sec- ondly, if the state statute in any state does not address the question, then you must look to the bylaws of your condominium association. Most bylaws that I have seen, however, do not really get into the weeds, so to speak, regard- ing your questions. at said, those bylaws all give the boards or unit owners in general the power to institute rules and regulations gov- erning board elections. But even there, I have not seen rules requiring sealed envelopes, or NEWENGLANDCONDO.COM NEW ENGLAND CONDOMINIUM -AUGUST 2021 5 QUESTIONS & ANSWERS Legal Q A& rules governing when envelopes or ballots are to be opened. Proxies may be given, and vote No. Although it would not hurt to have all ing when and where the election is being held. takers on election day must validate them, and proxies sealed—and in fact, if proxies have in Remember, though: all proxies can be revoked if valid, the votes taken thereby must be tallied the past been compromised, or if there have by the proxy-giver by his or her simply show- and counted. Period. “With the above in mind, my responses to ity has been questioned, then certainly a rule or her proxy. your questions are as follows: “Question 1: Do proxies need to be sealed? sealed and given to a vote taker at the meet- been instances where the proxy’s authentic- could be put in place requiring them to be ing up and evidencing an intent to revoke his Video Doorman Safe Building - NE Condominium Ad AUGUST ONLINE VERSION - 06.05.21 - 7.5’’ x 9.5” Junior Page A Please use this hotlink: Available through American Remote Video Call today for a FREE building survey and proposal – 877-3-VIDEODM (877-384-3363) www.videodoorman.com • Anti loitering with proprietary video analytics • 95% of building crime begins at the front entrance • Safe entry access & Video coverage • Secure tenant fobs to enter and access building • Optional package delivery • 24/7 emergency call buttons in lobby • Door ajar notification • Optional 24/7 Personal Panic Button Only Video Doorman Safe Building does the difficult work for you, keeping your building safe from uninvited guests. ® Remote building security and Video surveillance 24/7, plus prevents your on-site managers from dangerous interactions, for a fraction of the cost of a security guard. If you want real peace of mind that a safe building brings, contact Video Doorman Safe Building TODAY. • Anti Loitering Digital Analytics • Video with live operators 24/7 • Prevents crime ® FOR A FREE BUILDING SURVEY AND PROPOSAL CLICK HERE continued on page 10