Proxies ‘most abused concept’ in condo law, says chairman of legislative committee

October 13, 2008 – The chairman of the Condominium Advisory Council says voting by proxy – in which a unit owner gives up his or her vote to someone else – is “the single most abused concept” in the Illinois Condominium Property Act.

Jordan I. Shifrin says he has heard from “a number of people” regarding the issue and “maybe it is time” for proxy voting to be removed from the Act.

The council recently conducted hearings throughout the state, seeking input from condo owners, and will report back to the Illinois legislature next year.

“Proxies are more often used in quantity to guarantee a candidate’s election, or re-election,” said Shifrin in an email to Marina City residents who attended the last public hearing on October 7. “It is a major corporation concept that probably does not belong in condominium law.”

State law allows a condo owner to appoint a proxy to vote when they cannot attend an association meeting. At Marina City, critics of proxy voting estimate 300 votes are controlled by two people, John Leonard – husband of MTCA president Donna Leonard – and Shari Vass, a Realtor and property manager. With an estimated 540 unit owners voting in each election, it is widely believed these two people determine the outcomes.

Although admittedly cumbersome, mail-in voting, says Shifrin, which is allowed by law even if not mentioned in an association’s bylaws, “is still the viable alternative for owners to vote who cannot attend the meeting, proper.”