Florida Proxy Help

So if I am reading it right this proxy gives the owner the right to appoint someone to act for them and to vote for them in the meeting

Yes. This is a general proxy form. To be more specific, this proxy form is giving a named individual (or the Secretary of the Association if no name is filled in) the authority to act for the individual and to vote in their place.

Interestingly, it also allows the representative to name whomever they wish to act for them (basically as the proxy's proxy).

It does appear that the form was drawn up by an attorney or someone familiar with proxy forms.

You should know a few things.

1. This specific form does not have to be used. Any letter with similar language can be used and anyone can be appointed as the proxy (not just the secretary).

2. There are two types of proxies. A directed proxy which specifies how the representative is to vote and a general proxy which allows the representative to vote how ever they wish (even if they know the owner wouldn't vote that way). The form you provided is a general Proxy.

What about the last sentence about establishing a quorum? Does this proxy only establish a quorum or does the owner have the right to appoint someone to vote for them?

The last sentence is just a plea for the member to appoint a proxy if they are not going to attend. The board is correctly stating (granted in a round about way) that a quorum is needed to conduct business and that if the member isn't going to attend for them to officially appoint someone to attend in their place so a quorum is achieved.

As you pointed out, FL law and most documents specify something like, a number equal to x% of the membership, in person or by proxy is required for a quorum.

Make no mistake, this form gives an individual the authority to attend, voice opinions and register a vote for anything that is brought up at the meeting or on the agenda.

The Fl Statute does say the owner has the right to vote in person or by proxy. Does this mean that the owner has to write who they want to vote for on the proxy?

They can but are not required to. As I said, there are two types of proxies. A general proxy (like the one you posted) and a directed proxy (specifying who to vote for). Either one is acceptable although most boards choose the general proxy form.

An individual can does not have to use the form provided.

On the bottom of the proxy it says it has to be mailed back to our PM to establish a quorum. Does this mean I cannot gather proxies and bring them to the meeting. Do they have to be mailed back to be legal?

They can be brought to the meeting and presented at that time. Most Associations like them sent in ahead of time so they know who is going to represent who. This also gives the board the opportunity to contact the individual if they failed to sign the form (it happens).

Again, this is a form the Board is providing. Basically, the Board is soliciting to be named as an individual's proxy if the individual doesn't name someone else. Please, Please, Please do not think that they are being underhanded by doing this. This is typically how all Associations work and is the norm.

If there is a specific issue on the agenda that you are in favor or opposed to, you could go door to door with copies of these proxy forms requesting members to complete them and name you to be the representative for them at the meeting.

Hope this helps,

Tim

Hi Jessica:

I agree with Tim ... in essence your proxy form would give any individual you appointed all privileges. The important item to keep in mind is if you complete and sign without naming an individual then potentially the “Secretary” has said authority. Therefore, if there are any issues you consider important be sure if completed that you designate someone you trust to act in your place.

Please keep in mind if you are not attending a meeting then the proxy could potentially be important for achieving quorum, but appoint someone you trust to potentially follow what you desire for your community.