On 19/05/2013,
you requested for the version in force on 19/05/2013
incorporating all amendments published on or before 19/05/2013.
The closest version currently available is that of 31/07/2008.
68.
—(1) Subject to this Act, no managing agent shall, whether personally or in the person of his employee or agent —
(a)
by word, message, writing or in any other manner endeavour to persuade any person to give, or to dissuade any person from giving, his vote (by proxy or in person) in any particular way at any election of members of the council of a management corporation or executive committee of a subsidiary management corporation;
(b)
visit any person entitled to vote at that election at his home or place of work for the purposes of any candidate’s election at that election; or
(c)
conduct any other activity for the purposes of any candidate’s election at that election.
(2) A vote by a proxy who is a managing agent shall be invalid if it would obtain or assist in obtaining a pecuniary interest for, or confer or assist in conferring any other material benefit on the proxy.
(3) Any managing agent who contravenes subsection (1) shall be guilty of an offence.
(4) In this section, unless the context otherwise requires —
“for the purposes of any candidate’s election” means with a view to, or otherwise in connection with, promoting or procuring the candidate’s election at an election of members of the council of a management corporation or (as the case may be) the executive committee of a subsidiary management corporation, and includes prejudicing the electoral prospects of another candidate at that election;
“material benefit” includes, but shall not be limited to, the following:
(a)
an extension of the term or an additional term of appointment of the proxy as managing agent;
(b)
an increase in the remuneration of the proxy;
(c)
a decision of the management corporation not to proceed with, to withdraw, to delay, to compromise or to settle litigation or other legal proceedings relating to the proxy; or
(d)
any other decision of the management corporation that affects litigation or other legal proceedings relating to the proxy.
[47/2007]