Posted:
Donna: I would be interested to know where it states that an individual must be on the deed to be a proxy. If Jessica was on the deed, her husband would not need a proxy as either could cast the vote for that unit/lot. An individual can appoint anyone to be their proxy, whether it is an attorney, relative, friend, or next door neighbor. They in essence choose an individual they trust to conduct business on their behalf as a proxy.
Jessica:
I commend you and your husband as new members to HOA’s in wanting to learn. You are also correct in that the meeting minutes and financials will give you a good insight in how an HOA association operates. Hopefully as you learn you will be willing to volunteer your time and efforts in the future for the benefit of yourselves and for your community.
Also … in essence definition for authorized agent:
A person authorized to act for and under the direction of another person when dealing with third parties. The person who appoints an agent is called the principal.
An example would potentially be if my husband’s company generally only allows the employee to pick up a check, he instead can authorize me as his agent to do so on his behalf with verbal or written permission (depending on company regulations). In some instances to be legal the documentation may need to be both signed and notarized, but as long as it allows said circumstances then that individual is authorized to act as an agent on behalf of another individual by written agreement.
Homeowner associations are to abide by their governing documents and certain state statutes. For example many (not all as it varies by state) are incorporated as a Non-Profit Corporation and would potentially follow the Non-Profit Corporation statutes. You need to insure in your document’s Articles of Incorporation how your HOA has been set up. Then these are the corporate/company statutes which will regulate the business.
Then you have the HOA statutes Chapter 720 which in essence govern the Declaration of CCR’s and certain rules and regulations which homeowner associations must abide. Some items in the statutes will supersede sometimes the HOA documents if they make certain statements to the effect of, “regardless of what is stated in the declaration”. Other times the HOA documents will supersede when the state statute makes statements such as, “unless otherwise stated in the declaration”.
For example if you are a Non-Profit Corporation the following corporate statute states:
Non-Profit Corporation Statute:
617.0701Meetings of members, generally; failure to hold annual meeting; special meeting; consent to corporate actions without meetings; waiver of notice of meetings.—
(5)(a)Notice of a meeting of members need not be given to any member who signs a waiver of notice, in person or by proxy, either before or after the meeting. Unless required by the bylaws, neither the affairs transacted nor the purpose of the meeting need be specified in the waiver.
(b)Attendance of a member at a meeting, either in person or by proxy, constitutes waiver of notice and waiver of any and all objections to the place of the meeting, the time of the meeting, or the manner in which it has been called or convened, unless the member attends a meeting solely for the purpose of stating, at the beginning of the meeting, any such objection or objections to the transaction of affairs.
Then in the HOA statutes Chapter 720, the following applies with regards to in essence the annual meeting:
720.306Meetings of members; voting and election procedures; amendments.—
8) PROXY VOTING.—The members have the right, unless otherwise provided in this subsection or in the governing documents, to vote in person or by proxy.
(a) To be valid, a proxy must be dated, must state the date, time, and place of the meeting for which it was given, and must be signed by the authorized person who executed the proxy. A proxy is effective only for the specific meeting for which it was originally given, as the meeting may lawfully be adjourned and reconvened from time to time, and automatically expires 90 days after the date of the meeting for which it was originally given. A proxy is revocable at any time at the pleasure of the person who executes it. If the proxy form expressly so provides, any proxy holder may appoint, in writing, a substitute to act in his or her place.
Please note that the above makes reference to “unless otherwise provided in the governing documents”. Therefore, you need to insure what your governing documents state with regards to annual meeting and proxy voting.
As Peter pointed out read on down the statute you initially posted. Also, if your husband himself asked the PM for the names of the board members they potentially should have given this information. I would recommend asking your neighbors this question to find out the information. I would then politely let the board members know the PM’s attitude towards you regarding your husband’s requests.
The board needs to realize the PM works for the board. It may be a situation where the board has allowed the PM too many liberties and they now have adopted a “god” like attitude and which the board needs to insure is reigned in to avoid future issues. However, please keep in mind the board may be unaware of the issues and until they know there is a potential issue they cannot fix the problem. Therefore, I would ask that you please keep that in mind and be courteous when you initially speak with the board members. They are after all only volunteers devoting their time and efforts as needed for everyone within the community.