Proxy Question

I have a fellow member in the HOA that has taken it upon himself to create a proxy & go door to door within the HOA. This was not the proxy that was mailed out to all members with the annual meeting elections packet. Have you ever heard of someone doing this? Is this legal? Seems unethical. Does an inspector of elections have to acknowledge these proxies? any help would be appreciated.

Hi Kevin:

What does your governing documents require regarding proxies?

Per this section on Davis-Stirling
http://www.davis-stirling.com/MainIndex/Statutes/CivilCode136303/tabid/877/Default.aspx#axzz1oHWWlDVt

(d)
(1) For purposes of this section, the following definitions shall apply:
(A) "Proxy" means a written authorization signed by a member or the authorized representative of the member that gives another member or members the power to vote on behalf of that member.
(B) "Signed" means the placing of the member's name on the proxy (whether by manual signature, typewriting, telegraphic transmission, or otherwise) by the member or authorized representative of the member.
(2) Proxies shall not be construed or used in lieu of a ballot. An association may use proxies if permitted or required by the bylaws of the association and if those proxies meet the requirements of this article, other laws, and the association's governing documents, but the association shall not be required to prepare or distribute proxies pursuant to this section.
(3) Any instruction given in a proxy issued for an election that directs the manner in which the proxyholder is to cast the vote shall be set forth on a separate page of the proxy that can be detached and given to the proxyholder to retain. The proxyholder shall cast the member's vote by secret ballot. The proxy may be revoked by the member prior to the receipt of the ballot by the inspector of elections as described in Section 7613 of the Corporations Code.

Welcome to HOA Talk, Kevin.

Because absentee ballorts count towards the membership quorum required for elections, our members don't even bother using them. At the bottom of each ballot is a box voters can check, which states they're checking fit or the purpose of establishing quorum. So, I'm not familiar with the legal requirements. Janet has provided them for you so you just need to make sure the member is following the procedure exactly.

Also make certain that proxies are permitted in your HOA. Our proxy info is in our Bylaws. We're revising that document this year and will get rid of proxies altogether.

Is the person passing out the proxies a board members? Are you?

If you don't want those members to be on the board, I'd suggest doing some solicitation for proxies on your own.