Question:
For the annual meeting, there are seven people running for five 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?
Answer:
The question posited does not disclose whether the completed proxies are general or specific in nature, whether a specific person is designated to vote on behalf of the unit owner, or whether such proxies have been authorized by a unit owner or by a notary public. Regardless, Associations are active, functioning governing bodies that must be flexible for requirements of its unit owner members to facilitate decision making, such as “dropping off the proxy at the mail box.” Such drop-off process would be aided by adding ‘Confidential/For Management Only” and delivered in a sealed envelope. Board elections can be contentious and personal, so Associations would be well advised to designate the management company to act as the independent party to directly oversee election results.