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Is Proxy the Record of the Strata Corporation

June 29, 2018

A proxy is a written authorization given to enable the proxy holder to act on behalf of the person giving the proxy. A proxy must be in writing, and be signed by the person appointing the proxy can be given for general purposes or for a specific resolution or for a specific meeting can be revoked by the person appointing the proxy at any time can be held by any person except the strata corporation’s strata manager or an employee of the strata corporation A proxy holder may do anything the person appointing the proxy can do, including: voting, proposing and seconding motions and participating in discussion at an annual or special general meeting unless limited in the appointment document.

 

A Registrar's role is to check if a proxy is valid before a general meeting.

 

Strata Corporations sometimes receive requests from Owners who disagree with the outcome of a vote to review the proxy designation. Keeping in mind that the proxy is the person who attends on someone else’s behalf, and the authorization is really just a piece of paper authorizing them to do so, there are concerns about disclosing potentially private and confidential information. Below is quoted an excerpt from an article published by Clark Wilson on the subject, with advice on whether or not the proxy authorization is a “record” of the Strata Corporation and thus subject to Section 36 of the Strata Property Act:

 

Is a proxy a record of the strata corporation that must be provided to an owner on written request?

No. A proxy is not a record of the strata corporation. The strata corporation must check that the proxy is in writing and is signed by the owner. The strata corporation is not entitled to keep a proxy or ensure that the proxy holder votes in compliance with any conditions stated on the proxy by the owner.

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