Yes, proxy voting at condominium meetings is permitted — unless the condominium's bylaws prohibit or restrict it. The Brazilian Civil Code, in Article 1,354, determines that the majority is tallied by the votes of the condominium owners present, and that the bylaws govern the rules for exercising the vote and its form of representation. In practice, this means that an absent owner can transfer the right to vote to a third party, as long as they respect what their building's bylaws establish. See below the rules, limits, and step-by-step guide.
Is proxy voting allowed at meetings?
Yes. A proxy for condominium meetings is the instrument that allows an owner who cannot attend in person to participate in decisions through a representative. It exists to ensure the building can keep making decisions even when many residents are absent — that's what preserves the quorum and the validity of decisions.
The central point is the bylaws. Since Article 1,354 of the Civil Code leaves the form of representation to the regular bylaws, the following interpretations apply:
- if the bylaws allow the proxy (most common case), the vote by proxy is valid and follows its rules;
- if the bylaws prohibit it, the proxy cannot be used — a decision made in disagreement is voidable;
- if the bylaws are silent, the prevailing legal doctrine and case law understand that proxy voting is allowed, since the owner's right to participate cannot simply be suppressed.
In all cases, the proxy holder must present the original document at the meeting — and its absence invalidates the represented owner's vote.
What the law says
Article 1,354 of the Brazilian Civil Code (Law No. 10,406/2002) is the basis of the rule: "unless otherwise provided, the majority is determined by the votes of the condominium owners present at the meeting, with the bylaws governing the exercise of the right to vote and its form of representation." In other words: the law does not prohibit the proxy — it transfers to the bylaws the decision on how the vote will be exercised and represented.
Two neighboring articles complete the picture. Article 1,350 deals with the quorum for convening the meeting (half of the owners on first call, any number on second call), which reinforces the importance of representation for the building's functioning. Article 1,334 lists what the bylaws must contain, including the rights of each owner and the rules for deliberation — that is generally where the condominium writes the rules on proxies.
In addition to the Civil Code, the bylaws are often supplemented by internal regulations and decisions of the meetings themselves. Therefore, when preparing a proxy, the first document to read is the bylaws registered at the property registry office.
Proxy rules
For a complete overview of the topic, check out the article on the use of proxies in condominium meetings. The most commonly required practical rules are as follows.
Who can represent the owner?
The law does not require the proxy to be an owner. The vote can be delegated to any capable person: family member, neighbor, lawyer, real estate agent, or another resident. However, the bylaws may restrict this choice — some condominiums only accept proxies who are owners, and others prohibit the condo manager, building staff, or real estate agents from receiving proxies due to conflict of interest. Before appointing someone, check if the bylaws contain any restrictions.
Validity period
The proxy can be for a fixed term (until a specific date or for a specific meeting) or for an indefinite term. Ideally, it should specify the meeting it is intended for — generic proxies without a term can be challenged and create uncertainty about which decisions the proxy could vote on. A proxy made for a meeting on March 20, for example, expires at that meeting and does not authorize a vote at a later meeting.
Authentication and notarization
The Civil Code accepts a proxy as a private written document with the simple signature of the grantor — but requires that the document indicate the place where it was made, the identification of both the grantor and the proxy holder, the date, and the purpose of the mandate. Notarization is only mandatory if the bylaws require it. When the bylaws require notarization, a vote presented without it may be refused; when not required, notarization is still recommended to avoid challenges to the document's validity.
Is there a limit on proxies per person?
The law does not limit the number of proxies a person can receive. If the bylaws are silent, a single proxy holder may represent multiple units. Many bylaws, however, limit this number — for example, a maximum of proxies per person or a percentage of the condominium's votes — precisely to prevent a single person from concentrating decision-making power on sensitive matters, such as renovations and changes in use. Check the text of your bylaws and, if in doubt about the limit, consult a specialized attorney before the meeting.
Step-by-step guide to voting by proxy
- 1. Read the bylaws. Check if proxy is allowed, who can be a proxy, and if there are requirements for notarization or limits on representation.
- 2. Read the meeting notice. The notice may contain specific rules for that meeting, including a proxy template.
- 3. Prepare the document. Identify the owner (grantor) and the proxy holder, indicate the unit, date, the meeting it is for, and the powers granted — especially the power to vote.
- 4. Notarize if required. Have the grantor's signature notarized when the bylaws or meeting notice require it.
- 5. Deliver the original. The document must be handed to the condo manager or secretary before or at the start of the meeting, for verification and recording.
- 6. Vote as instructed. The proxy holder participates in the meeting as if they were the owner, votes on their behalf, and may receive prior voting instructions — which reduces the chance of disagreements later.
Frequently asked questions
Does the proxy need to be notarized?
Only if the condominium's bylaws require it. The law accepts a private written document with the owner's signature, but notarization is recommended to give the meeting security and avoid challenges to the vote.
Can the condo manager vote by proxy for another owner?
There is no general legal prohibition, but many bylaws prohibit it due to conflict of interest. Even when allowed, the practice is viewed with caution: the manager would concentrate their own vote and those they represent, which can distort sensitive deliberations.
How many proxies can one person hold?
It depends on the bylaws. The law does not set a limit; if the condominium document is silent, technically there is no cap. If there is a written limit, the votes of a proxy who exceeds it may be challenged.
Can a proxy be used for more than one meeting?
Only if it is made for an indefinite term or with broad validity. A proxy that specifies a particular meeting is valid only for that meeting. For each new meeting, it is safer to make a separate document.
This content is for informational purposes and does not replace legal advice.