§514A-83.2 - Proxies.
§514A-83.2
Proxies. (a) A proxy, to be
valid, shall:
(1) Be delivered to the secretary of the association
of apartment owners or the managing agent, if any, no later than 4:30 p.m. on
the second business day prior to the date of the meeting to which it pertains;
(2) Contain at least the name of the association of
apartment owners, the date of the meeting of the association of apartment
owners, the printed names and signatures of the persons giving the proxy, the
apartments for which the proxy is given, and the date that the proxy is given;
and
(3) Contain boxes wherein the owner has indicated
that the proxy is given:
(A) For quorum purposes only;
(B) To the individual whose name is printed on
a line next to this box;
(C) To the board of directors as a whole and
that the vote be made on the basis of the preference of the majority of the
board; or
(D) To those directors present at the meeting
and the vote to be shared with each board member receiving an equal percentage.
(b) A
proxy shall only be valid for the meeting to which the proxy pertains and its
adjournments, may designate any person as proxy, and may be limited as the
apartment owner desires and indicates; provided that no proxy shall be
irrevocable unless coupled with a financial interest in the unit.
(c) No
board of directors or member of the board shall use association funds to
solicit proxies except for the distribution of proxies as set forth in section
514A-82(b)(4); provided that this shall not prevent an individual member of the
board from soliciting proxies as an apartment owner under section [514A-82(b)(4)].
(d) A
copy, facsimile telecommunication, or other reliable reproduction of a proxy
may be used in lieu of the original proxy for any and all purposes for which
the original proxy could be used; provided that any copy, facsimile
telecommunication, or other reproduction shall be a complete reproduction of
the entire original proxy.
(e)
Nothing in this section shall affect the holder of any proxy under a first
mortgage of record encumbering an apartment or under an agreement of sale
affecting an apartment. [L 2007, c 244, pt of §2]