Jump to content

Condo in wifes name, vote in AGM for me?


Recommended Posts

Does anyone has the experience with the following?


My wife is the owner of an apartment. Am I as her spouse permitted to vote in an AGM without her attending the AGM and without her written approval? I would say yes as it would be even possible to be a committee member for me, right? (Section 37/1 The following persons shall be eligible for an appointment as a member:

(1) A joint owner or his spouse,)



Link to comment
Share on other sites

You can attend, but your vote or your attendance will not be added to the quorum unless you have proxy if the meeting is run according to the law.

You could be on the Committee if you are officially married.

Where in the Condominium Act does it state that non co -owners can attend a general meeting?

It is a co -owners meeting. Co -owners and the proxy carriers of co -owners only-is my interpretation.

37/1 does seem like a strange concession. There is no demand that the spouse of a co -owners is actually a resident in the condo.

Link to comment
Share on other sites

You can attend, but your vote or your attendance will not be added to the quorum unless you have proxy if the meeting is run according to the law.

You could be on the Committee if you are officially married.

Where in the Condominium Act does it state that non co -owners can attend a general meeting?

It is a co -owners meeting. Co -owners and the proxy carriers of co -owners only-is my interpretation.

37/1 does seem like a strange concession. There is no demand that the spouse of a co -owners is actually a resident in the condo.

He can attend the meeting as he presumably lives there along with his wife, and no one is going to care if he attends or not, and presumably most of the other residents presume he is the owner, or have never even taken the time to think about it.

Link to comment
Share on other sites

You can attend, but your vote or your attendance will not be added to the quorum unless you have proxy if the meeting is run according to the law.

You could be on the Committee if you are officially married.

Where in the Condominium Act does it state that non co -owners can attend a general meeting?

It is a co -owners meeting. Co -owners and the proxy carriers of co -owners only-is my interpretation.

37/1 does seem like a strange concession. There is no demand that the spouse of a co -owners is actually a resident in the condo.

Only co-owners and proxy holders have the right to attend the meeting, though in practice anyone can wander in because few people know who everyone is.

Only co-owners should be given voting slips, or their proxies with the correct authorisation.

Link to comment
Share on other sites

You can only vote as a proxy. You can not be a committee member if your name is not on the chanote/land title.

Not According to the Condo Act

I quote:

Section 37/1 The following persons shall be eligible for appointment as the committee members:

(1) the co-owners or spouses of the co-owners;

(2) the lawful representative, the supporter or guardian in the case that a co-owner is a minor, an incompetent or quasi-incompetent person, as the case may be;

(3) one person as the representative of a juristic person in the case that the juristic person is a co-owner.

In the case that the condominium unit is jointly owned by many co-owners, only one co-owner shall be entitled to be elected to the committee.

Also

Co -owners have their or company names on Condo Title Deeds -not chanote/land title.

Link to comment
Share on other sites

only owners can vote at the AGM . Non owners by proxy . Committee members not allowed proxy votes.

Where does it say that Committee members cannot vote by Proxy?

At my place Committee members normally vote with a bunch of Proxy notes.

Link to comment
Share on other sites

only owners can vote at the AGM . Non owners by proxy . Committee members not allowed proxy votes.

Where does it say that Committee members cannot vote by Proxy?

At my place Committee members normally vote with a bunch of Proxy notes.

Seems same as in our place, they not even know that there is a condo law:

Section 47 A joint owner may give a written proxy to the other person in casting the vote on his behalf, however, a proxy shall not be permitted to receive such written proxy to cast the votes in a meeting in excess of three units.

The following persons shall be prohibited to receive a proxy to cast the vote on behalf of a joint owner:

  1. Board members and their spouses,
  2. The Manager and his spouse,
  3. Staffs or employees of the condominium corporate or contractors of the condominium corporate,
  4. Staffs or employees of the Manager in the case where the Manage is a corporate.
Link to comment
Share on other sites

At my place Committee members normally vote with a bunch of Proxy notes.

They are breaking the law (what else is new?).

As mentioned, all committee members, all building staff, the JPM and spouses of those may NOT carry proxies under any circumstances.

Also, as mentioned, no one person may hold more than 3 proxy votes. This is also widely disobeyed.

Edited by KittenKong
Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
  • Recently Browsing   0 members

    • No registered users viewing this page.



×
×
  • Create New...