Passing a By-law with Proxy Votes

If you are having difficulty obtaining the necessary attendance to pass a by-law, using proxy votes may be the answer.

Passing a condominium by-law requires an affirmative vote by the owners of a majority of all units. In other words, the owners of a majority of all units must vote in favour of passing the by-law.

Sometimes, at a meeting of owners, there are not enough units represented in person or by proxy to even hold the by-law vote.

In such situations, the owners at the meeting (assuming there is a quorum) can vote to adjourn the meeting to a new date which is either set at the meeting or is to be determined by the Board. The vote should be to adjourn the meeting, or to adjourn the particular business (consideration of the by-law), without simply terminating or closing the meeting. It is also important that the proxies that are used for the meeting state that they can be used both for the original meeting and any adjournment of the meeting.

Between the date of the original meeting and the resumption of the same meeting, proxies can be solicited from owners. Owners who were not in attendance (either in person or by proxy), at the original meeting, can sign proxies. Owners who were in attendance (either in person or by proxy), at the original meeting, can also sign proxies or can revoke and/or replace their original proxies.

If the Board is to determine the date of the re-called meeting, the Board will normally re-call the meeting (with the usual 15 days’ notice) after sufficient proxies have been received to hold a vote on the by-law.

At the re-called meeting, and assuming that sufficient units are then represented in person or by proxy, a vote can be taken on the bylaw.