The link on the top right of this page labeled ‘Forms’ contains a copy of the proxy form which you can download and submit if you are not going to be able to make it to the annual meeting on Tuesday April 26 (but please do try to make it to the meeting). For those residents who have already been approached by building management and made to sign a proxy form under duress, please do not feel too violated, as all is not lost:
- You can vote in person on election day. If you vote in person, it overrides any proxy you may have previously signed over. (Be sure to bring a valid state ID.)
- If you are unable to make it to the meeting, you may sign and submit a new proxy form (thereby choosing someone else to be your proxy) any time before 1:30pm on April 21, 2011. (The actual proxy form does say at the bottom that it can be submitted by 1:30m on election day i.e. April 26, but the notice of annual meeting states that it will not go in the voting box (and thus we don’t know what will actually happen to it.) Obviously, don’t wait till the last moment to make your proxy submission in case the office is kept closed that day. Remember: the most recently signed proxy is the one that counts.
The proxy form is more confusing than is really necessary, and is designed to disfranchise those who vote against the regime. It is not an absentee vote as many wrongly think, and has two parts: 1) The form must be submitted to the TBN office before 1:30pm on April 21, and 2) the proxy holder must be at the election in person to cast the vote for the unit owner. Here are some guidelines for successfully filling in the proxy form:
- The top half is filled by the unit owner, and needs to have the unit owner’s signature, printed name and date along with the other requested information. If you are submitting a second proxy, please ensure the date is later than the one you previously signed.
- The bottom half is filled in and signed by the designated proxy holder. This signature and the votes must match the ballot that the proxy holder will sign at the election.
- If you cannot attend the meeting and you vote by proxy you can designate anyone to be your proxy (including a non-owner). This person will act as an “attorney in-fact” for the election of the new board. However, in the past the board has barred non-owners (with the exception of the association lawyer, Ellis B. Levin who is always present at these meetings), from being present at the meeting.
- The person signing over the proxy has to be the unit owner. If you designate a non-unit-owner as your proxy, you have to submit the forms by 1:30pm on April 21st.
- Both halves of the proxy ballot must be completed before it is submitted to the office. The proxy holder needs to put an X next to each candidate to be voted for. Since there are only 6 open seats, marking more than 6 Xs on the ballot will render it invalid. All available votes are evenly distributed between the candidates with Xs beside their names. For example, a single X gives all 6 votes to that candidate, 2Xs give 3 votes to each of the two selected candidates. 3 Xs give 2 votes each, etc. We are not sure what the building policy is for 4 or 5 Xs, given that there are 6 open positions.
- The designated proxy holder needs to come to the meeting, collect the ballot from the election judges and vote according to the wishes of the owner. If the proxy holder does not come to the meeting or is late, the proxy is rendered invalid. If the election judges deem the signature of the proxy holder to not match that on the proxy form, or the vote by the proxy holder to not be in compliance with the proxy form (i.e. it does not have exactly the same selected votes), that vote is rendered invalid.
- The individual who is your designated proxy does not have to stay for the entire meeting (but what fun would that be?), and may need to show a valid state ID to prove their identity.
The time for being fearful is over. Let’s all make sure our voices are heard and our votes are counted!