I’m unaware of anything specifically permitting or prohibiting owners from reviewing proxies. Here, barring anything on point in the association’ governing documents, I’d suggest having the proxies at the annual meeting and permitting them to be reviewed (but not removed or changed) at that time.
Austin Law Firm, LLC
226 E. Market Street
York, PA 17403
There is no statute that specifically prohibits review of proxies before a meeting, but that is because the principle of voter confidentiality is so ingrained that legislators likely thought it to be unnecessary. Anyone receiving proxies acts under an implied duty of confidentiality pending the actual vote. This duty might be compromised ahead of time for administrative purposes, e.g., to allow the managing agent to input votes for quorum purposes, but not to reveal to candidates or suspicious shareholders who has voted for particular candidates or how nominees are doing in the vote count. After the election, case law in New York allows disputed votes to be reviewed in connection with a claim of election irregularities. Individual directors also may have the right to review ballots post-election, but they are still under fiduciary obligations to keep an individual vote confidential.
Spolzino Smith Buss & Jacobs LLP
733 Yonkers Ave
Yonkers, NY 10704-2635
(212) 688-2400 ext 4102
I am not aware of anything that would give her a right to see those proxies. The owners that are voting have some expectation that their votes will be kept confidential and therefore I would not allow this owner to see the proxies.
Mark A. Nappier
Joye, Nappier, Risher & Hardin LLC
3575 US-17 BUS
Murrells Inlet, SC 29576