Question:
A proxy to vote for board members was taken by one of the joint owners of a condo. One of the owners is presently our President and would of course vote for themselves. So the proxy was taken and filled out and known that they will not be voting in the same manner. There is definitely a conflict of interest in who they would vote for.
– Nancy
Answer:
Hi Nancy,
In Florida condominium associations, the use of proxies in board member elections is explicitly prohibited. According to Section 718.112 of the Florida Statutes, “The members of the board of a residential condominium shall be elected by written ballot or voting machine. Proxies may not be used in electing the board in general elections or elections to fill vacancies caused by recall, resignation, or otherwise, unless otherwise provided in this chapter. This subparagraph does not apply to an association governing a timeshare condominium.”
This means that all votes for board elections must be cast directly by the unit owners, either in person or via absentee ballot, without the use of proxies. That said, voting for oneself does not constitute a conflict of interest. It’s a common and legally permissible practice for individuals to vote for themselves in such scenarios.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
