This bill introduces definitions and regulations for the use of proxies in condominium association voting. It distinguishes between directed and undirected proxies, where a directed proxy allows the unit owner to specify how the proxy holder should vote on particular issues, while an undirected proxy gives the proxy holder full discretion to vote on any issue at the meeting. The bill mandates that the votes can be cast in person or via proxy, and it sets limits on the number of proxies one person can hold: no more than 10% of the votes cast in associations with more than 20 units, and not a majority in associations with fewer than 20 units.

The bill also includes procedural requirements for the use of proxies, such as the need for proxies to be dated, signed by an authorized person, and not revocable without notice. Proxies must be on forms provided by the board of directors, which include a control number for verification against a control list. The board is responsible for retaining all proxies for a minimum of three years for inspection. The complete text of voting articles must be included in the meeting agenda, and any amendments during a meeting require deferral of voting to the next meeting. The act does not apply to condominiums comprised of time-sharing interests and will take effect 180 days after its passage, with an effective date of January 15, 2025.

Statutes affected:
Introduced: 356-B:3, 356-B:39
As Amended by the House: 356-B:3
As Amended by the Senate: 356-B:3
Version adopted by both bodies: 356-B:3
CHAPTERED FINAL VERSION: 356-B:3