Q Can a proxy only vote or are they allowed to take part in any discussion or offer opinions?

—Vocal Voter

A “For condominium associations in Florida,” says Roberto C. Blanch, a partner in the Coral Gables-based law firm of Siegfried, Rivera, Lerner, De La Torre & Sobel, P.A., “state law stipulates that member unit owners are able to designate general or limited proxies to appear, represent and vote for them in scheduled meetings that they may otherwise be unable to attend. With regard to limited proxies, their use is limited for scheduled votes on issues such as amendments, material alterations, etc., and the unit owners are required to indicate their vote on the proxy form, which can then serve as the owner’s official ballot for the vote. For both general and limited proxies, the Florida statutes do not specifically limit the proxyholder to only casting a vote nor bar them from representing the owner at the meeting by voicing opinions about the matters that are discussed.

“However, it is important to note that there have been some reported arbitration cases supporting the argument that a proxyholder may only represent the unit owner at the meeting for purposes of constituting a quorum and voting. While such arbitration cases may be cited for persuasive authority, we caution that their applicability is fact-specific and, therefore, they are limited to the specific circumstances of such cases. With this in mind, we generally counsel our condominium association clients to allow proxyholders to also represent the member owner by granting them equal time and consideration for them to speak and be heard as that which is offered to all of the member owners in accordance with the meeting protocols and procedures. By allowing proxies to speak and voice opinions on the matters for discussion at the meeting, condominium associations can help to ensure that they provide member owners who are using a proxy the opportunity to have their opinions heard and considered at meetings in the same manner as is provided for members who are not using a proxy.”