GaryF (Florida)
Posts: 2
Posts: 2
Posted:
Can a proxy be sent by Email? I live in Florida...
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JanetB2 (Colorado)
Posts: 4,219
Posts: 4,219
Posted:
Hi Gary:
I would recommend that you can send a proxy via email to the homeowners; however, when turned to the HOA I would want to have an original with the signature in ink. Just a good CYA ...
I would recommend that you can send a proxy via email to the homeowners; however, when turned to the HOA I would want to have an original with the signature in ink. Just a good CYA ...
JanetB2 (Colorado)
Posts: 4,219
Posts: 4,219
Posted:
Hi Gary:
This is from the Non-Profit corporation statutes:
617.0721 Voting by members.—
(2) A member who is entitled to vote may vote in person or, unless the articles of incorporation or the bylaws otherwise provide, may vote by proxy executed in writing by the member or by his or her duly authorized attorney in fact. An appointment of a proxy is not valid after 11 months following the date of its execution unless otherwise provided in the proxy.
This is from the Non-Profit corporation statutes:
617.0721 Voting by members.—
(2) A member who is entitled to vote may vote in person or, unless the articles of incorporation or the bylaws otherwise provide, may vote by proxy executed in writing by the member or by his or her duly authorized attorney in fact. An appointment of a proxy is not valid after 11 months following the date of its execution unless otherwise provided in the proxy.
JanetB2 (Colorado)
Posts: 4,219
Posts: 4,219
Posted:
Gary:
Sometimes there can be an issue where an owner is located out of state and time constraints can be an issue. Potentially if you did accept a signed email proxy then consider having those individuals take an extra step in having the proxy notarized. The HOA can then potentially have reliance upon the signature being valid and reduce any claims of tampering.
Just a thought but I would check with your attorney to be sure. You are in FL so potentially have owners living out of state.
Sometimes there can be an issue where an owner is located out of state and time constraints can be an issue. Potentially if you did accept a signed email proxy then consider having those individuals take an extra step in having the proxy notarized. The HOA can then potentially have reliance upon the signature being valid and reduce any claims of tampering.
Just a thought but I would check with your attorney to be sure. You are in FL so potentially have owners living out of state.
TimB4 (Tennessee)
Posts: 21,059
Posts: 21,059
Posted:
Gary,
Per FL-720:
(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.
The Statute does not address electronic signatures. Therefore it would be open for the interpretation by the Board. However, a signed document sent via fax or scanned and sent as an attachment in an e-mail would, in my opinion, be valid.
Tim
Per FL-720:
(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.
The Statute does not address electronic signatures. Therefore it would be open for the interpretation by the Board. However, a signed document sent via fax or scanned and sent as an attachment in an e-mail would, in my opinion, be valid.
Tim
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