Over the past few months many condo development lawyers have incorporated electronic voting wording into the General Operating By-laws.
Now Unit Owners Can Vote for Themselves, Rather Than Allowing Proxies That Consolidate Power in the Hands of a Few Individuals.
Some condo professionals – lawyers, condo managers and directors – have been reluctant to embrace the simple, cost-effective technology of electronic voting.
Electronic Voting for Turnover Meetings, Annual General Meetings and Owners Meetings | Lash Condo Law
Condominium developers are now starting to use electronic voting for turnover meetings simply by adding the authority to vote electronically.
Now that electronic voting is allowed in Ontario condos, how exactly does it work?
Many condominium corporations have started to pass Electronic Voting by-laws to allow owners to vote on-line rather than having owners’ complete proxy forms.
Responsible boards of condominium corporations should encourage unit owners to vote for themselves, rather than allowing proxies to consolidate power in the hands of a few.
In a recent case (Wu v. PSCC 826, 2018 ONSC 2027), a condominium unit owner commenced legal proceedings against the condominium corporation over election irregularities and proxy improprieties.
Condominium Authority Tribunal Decision – No Access to Owner Personal Information on Proxies | Lash Condo Law
In a recent case (Janet Cangiano v. MTCC No. 962), the Ontario Condominium Authority Tribunal refused an owner’s request to receive unredacted proxies.
In a recent case, YRCC No. 818 v. Przysuski, the Ontario Superior Court of Justice confirmed the validity of the election of the board of directors of a condominium corporation.