I have a question about the proper procedure to follow for electing board members at an AGM using ZOOM and paper
JA: What province are you in? It matters because laws vary by location.
Customer: Ontario
JA: What steps have you taken so far?
Customer: We held our AGM on Monday using ZOOM. Many people in our condo either do not have a computer nor have the ability to navigate with one. Most of the attendees voted via ZOOM during the meeting; however, for the others, they were offered to use a paper proxy form. These paper copies were submitted to the building superintendents, who then placed them into a paper manilla envelope and collected by the property manager's wife. Unbeknownst to the owners, these paper copies were opened by the property manager and his wife alone PRIOR to the AGM and those that were completed incorrectly were returned to the individuals to be corrected. At the AGM, electronic voting took place and the attendees were told there were 63 proxies. Yesterday, the owners received an E-mail stating that there was a mistake in the transfer of proxy votes gathered with the electronic votes. Tomorrow, there is another ZOOM meeting scheduled where 2 independent scrutineers will redo the counts.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: My concerns are as follows:
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Jessica
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Debra, Expert
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Debra, Expert
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Debra, Expert
I know your question is important to you and I will be giving it the time and attention it deserves.
I am sorry to hear of this difficult situation.
For the vote tomorrow are they planning to use the same written proxies that were touched and "organized" by these people?
Do the bylaws allow for proxies to be handed back for correction?
Debra, Expert
It is very bizarre. I'm 62 and I have to say this is a first. It would make more sense to start over and have everyone who wants to vote by proxy do so again and the proxies should not be handed to the property manager but should be handed to the secretary of the board.
The property management company has no authority except for the authority they get from the Board. They don't know their place. They have gone well beyond their boundaries.
Does that make sense?
Debra, Expert
Correct.
Things are a bit different because of COVID but this was just totally improper.
Debra, Expert
That's my view. I would do the same.
Debra, Expert
Yes it is definitely reasonable.
Debra, Expert
I don't know how that works as I don't work for the site.
You might have to ask customer service.
Thank you for trusting us to help you here at JustAnswer. If you need more clarification or have a follow-up question just reply and we can continue our dialogue. If you would like to ask me new questions please start a new post and if you do if you say “This is only for Debra” I will be sure to give your post top priority.
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