Q&A: Candidates and Proxy Ballots

Q Can the person running for a board position make his own proxy ballot and cast votes for other people?

—Electorally Concerned

A “The simple answer to both of these questions is likely yes!” says attorney Marc H. Schneider of the Garden City, N.Y.-based law firm of Schneider & Mitola “However you must look to the specific governing documents (i.e., the bylaws and certificate of incorporation for co-ops and homeowners associations and the bylaws for a condominium) as well as the New York State laws governing the entity which constitutes the community association at issue.

“Under New York State Law, even if the bylaws of the particular community association do not specifically provide for voting by proxy, pursuant to New York State law, a person may vote by proxy.

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