Q. For the annual meeting, there are 7 people running for 5 positions. The management company sent a proxy to all owners and requested that it either be mailed to them or dropped in the mailbox in the building lobby. This mailbox is accessed by current board members and items reviewed. Is this ethical to have those members who are on the ballot, receiving them and reviewing them before the meeting?
—Ethical in Elkton
A. “If the condominium association and bylaws and any rules properly adopted by the board regarding proxy solicitation and voting do not provide to the contrary, the procedure followed by the management company is legal,” explains attorney Barry Kreisler of the Law Offices of Barry Kreisler, P.C in Chicago. “However, it may not be the wisest procedure, in that it may make owners uncomfortable, due to the access of the board members to the proxies.
“You should note that, once again, if the condominium association declaration and bylaws and any rules properly adopted by the board regarding proxy solicitation and voting do not provide to the contrary, a proxy may be solicited by or issued to anyone. Thus, if you are uncomfortable with the procedure being followed by the management company and still wish to cast your vote by proxy, you can sign a proxy in favor of any individual you choose, who can then cast your vote at the election in accordance with the terms you set forth in the proxy. You could choose as your proxy another unit owner, one of the existing board members, one of the non-board member candidates for office or a family member or friend.”