DanL1 (Florida)
Posts: 9
Posts: 9
Posted:
Is it legal to to add a statement on a proxy that "by not returning this proxy your vote will be counted as a yes"? Can the board do this? Thanks!
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Proxy wording in FL.
Started by DanL1 • 5 replies • 2334 views
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JanetB2 (Colorado)
Posts: 4,219
Posts: 4,219
Posted:
Hi Dan:
In essence NO … In Florida proxy requirements are:
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.
If the proxy is not returned dated and signed it would not be a valid proxy.
In essence NO … In Florida proxy requirements are:
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.
If the proxy is not returned dated and signed it would not be a valid proxy.
TimB4 (Tennessee)
Posts: 21,059
Posts: 21,059
Posted:
Dan,
I can not speak to the legality of the issue.
Registering a proxy statement is the process of identifying an individual to act in your place at a meeting and to cast a vote either as they think is best (a general proxy) or in a specific manner (a directed proxy). Proxy statements are not required to be on any specific form (unless your governing documents call for one). However, many Associations publish one to make it easier for the membership.
If a proxy statement is not returned, with a signature, the member did not authorize anyone to cast a vote in their place. Therefore, no ballot can be cast. Therefore, that statement should not be on a proxy statement. If the Association can not produce a sign-in sheet or signed proxies that can be matched to the number of ballots cast, they would probably lose any legal challenge to the validation of the election.
To legally challenge an election you would typically need to go to court.
For more information on Florida Proxy laws:
For Condominiums - Click here and scroll down to 718.112 Bylaws, b) Quorum; voting requirements; proxies.
For HOAs - Click here and scroll down to 720.306 (8) PROXY VOTING
Tim
I can not speak to the legality of the issue.
Registering a proxy statement is the process of identifying an individual to act in your place at a meeting and to cast a vote either as they think is best (a general proxy) or in a specific manner (a directed proxy). Proxy statements are not required to be on any specific form (unless your governing documents call for one). However, many Associations publish one to make it easier for the membership.
If a proxy statement is not returned, with a signature, the member did not authorize anyone to cast a vote in their place. Therefore, no ballot can be cast. Therefore, that statement should not be on a proxy statement. If the Association can not produce a sign-in sheet or signed proxies that can be matched to the number of ballots cast, they would probably lose any legal challenge to the validation of the election.
To legally challenge an election you would typically need to go to court.
For more information on Florida Proxy laws:
For Condominiums - Click here and scroll down to 718.112 Bylaws, b) Quorum; voting requirements; proxies.
For HOAs - Click here and scroll down to 720.306 (8) PROXY VOTING
Tim
JeanneK3 (Maryland)
Posts: 562
Posts: 562
Posted:
Totally illegal. My guess is the board doesn't know this so send the appropriate Florida law to the board and the associations attorney.
Jeanne
Jeanne
PeterD3 (Florida)
Posts: 708
Posts: 708
Posted:
Consider the fraud which could be committed by such protocol. That's why it is illegal.
NameL (Indiana)
Posts: 1
Posts: 1
Posted:
Quote:
Posted By PeterD3 on 05/18/2011 8:34 AM
Consider the fraud which could be committed by such protocol. That's why it is illegal.
Consider the fraud which could be committed by such protocol. That's why it is illegal.
Just use proxy like from http://proxy-zone.net and no probs at all!
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