Before completing this form, the attorney should complete the supplemental checklist (SC), form 24-19 in this chapter. Information called for in this form by item numbers corresponds with the same-numbered items on that checklist.
Member’s Proxy to Vote on Condominium Termination Agreement and Real Estate Sales Contract
NOTE: COMPLETE THIS ONLY IF YOU WILL NOT BE ATTENDING THE MEETING AND VOTING IN PERSON
If you wish to act by proxy, fill out, sign, and return this proxy form or a copy of the signed proxy form before the Meeting to [name] by one of the following means: via a PDF attachment to [email address]; via fax to [fax number]; or by Federal Express to [address, city, state]. This proxy form has been prepared with blank lines for you to fill in to designate the name of your proxy and to set out any directive to your proxy. It also permits you to set out an alternative person to act as your proxy if your designated person does not attend the Meeting or cast your vote at the Meeting. If a Condominium Unit is owned of record by more than one person, each person will need to complete, execute, and return a proxy form.
Appointment of and Directive to Proxy
The undersigned is the Owner of Unit number _______ in [SC item 22] and is a Member of [SC item 44] (the “Association”).
1.Appointment. The Owner, for $10 and other good and valuable consideration, does hereby make, constitute, and appoint ____________________ (optional: and if the foregoing named person does not vote the Owner’s Vote at the Meeting, then ____________________) as the Owner’s proxy, agent, and attorney-in-fact with power of substitution (collectively the Owner’s “Proxy”) to the extent of the below Directive to Proxy, to act for and in the name, place, and stead of the Owner to cast all votes that the Owner is entitled to vote on (the Owner’s “Vote”) at a special meeting of the Members of the Association, to be held [date], and at any subsequent meeting, regarding approving the Condominium Termination Agreement and ratifying the Real Estate Sales Contract:
Place a check mark in the blank line next to the applicable directive (“Directive to Proxy”):
______ Vote in favor (yes) of the Condominium Termination Agreement and ratification of the Association’s execution of the Real Estate Sales Contract and in favor of amendments or variations to the Condominium Termination Agreement and the Real Estate Sales Contract as are approved by the Proxy in the Proxy’s good-faith judgment, without necessity of confirming that judgment with the Owner before voting.
______ Vote not in favor (no) of the adoption of the Condominium Termination Agreement and ratification of the Association’s execution of the Real Estate Sales Contract.
2.Compiling Original of Vote. The Owner’s Proxy and the Proxy’s signed Ballot (Signature and Notarization Page) may be attached along with the Ballot Signature and Notarization Pages of other Owners to a single copy of the Condominium Termination Agreement and the Real Estate Sales Contract without having to attach another copy of the Condominium Termination Agreement and the Real Estate Sales Contract to each Signature and Notarization Page. The Owner’s Proxy is authorized to execute and deliver in the name of and on behalf of the Owner the Ballot Signature and Notarization Page as the Owner’s proxy, agent, and attorney-in-fact to the extent authorized above.
3.General. The Owner hereby ratifies and confirms the actions of the Proxy. This Proxy shall not terminate on the disability, either temporary or permanent, of the undersigned Owner. This Proxy may be executed in counterparts. This Proxy is to be delivered to the Proxy or the Association and may be delivered by a facsimile transmitted by email, by mail, or in person. The Owner agrees and represents to those dealing with the Proxy that the Proxy may be relied on until actual notice of the revocation of this Proxy is received. Attendance by the Owner at the Meeting at the moment that a vote is taken revokes this Proxy for that vote. This Proxy is valid even if any of the below blank lines are left blank.
Signature Page to Proxy
Owner’s Printed Name: ______________________________
By: ______________________________________________
Signer’s Printed Name: ______________________________
As: ______________________________________________
(Add title of signer only if the Unit Owner is an entity.)