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Can the board void double proxies submitted for our condo board

 
WiseOwl58's Avatar
  • Answered by:WiseOwl58
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Customer Question

Can the board void double proxies submitted for our condo board elections, when only few hours earlier (and 4 times during the week before the election) homeowners were communicated by email to send our manager their proxies, EVEN IF THEY ALREADY SUBMITTED A PROXY TO A NEIGHBOR BEFORE. This eventually created a number of double-proxies in the hand of our board.

Our bylaws permit proxies, but do not mention "double proxies" though my understanding is that in case of double proxies, the one with the latest date is the valid one.

I don't see how our board can void all those double proxies altogether, and disenfranchise owners who were only hours before encouraged to send them....

 

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State/Country relating to question: Illinois

Submitted: 410 days and 6 hours ago.
Category: Real Estate Law
Value: $25
Status: CLOSED

Accepted Answer

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Expert:  WiseOwl58 replied410 days and 3 hours ago.

If the proxy is a duplicate, meaning that an owner would get two votes,.the board should.disallow the duplicate vote. If an owner submits two, it is the later.one that counts and supersedes the first.

Obviously the email was meant for those voters who had submitted. If there are problems. With irregularities, the entire election should.be void.and the voting redone.

Good luck to you. Please press the green Accept button. Thanks.

Expert TypeLawyer
Category: Real Estate Law
Pos. Feedback: 96.2 %
Accepts: 916
Answered: 4/1/2012

Experience: Experienced real estate lawyer and real estate broker.

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