proxy

Hi Robert … welcome to the forum.

For HOA’s which fall under Chapter 720 the following is stated:

http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0720/Sections/0720.306.html

720.306 Meetings 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.

(b) If the governing documents permit voting by secret ballot by members who are not in attendance at a meeting of the members for the election of directors, such ballots must be placed in an inner envelope with no identifying markings and mailed or delivered to the association in an outer envelope bearing identifying information reflecting the name of the member, the lot or parcel for which the vote is being cast, and the signature of the lot or parcel owner casting that ballot. If the eligibility of the member to vote is confirmed and no other ballot has been submitted for that lot or parcel, the inner envelope shall be removed from the outer envelope bearing the identification information, placed with the ballots which were personally cast, and opened when the ballots are counted. If more than one ballot is submitted for a lot or parcel, the ballots for that lot or parcel shall be disqualified. Any vote by ballot received after the closing of the balloting may not be considered.

Just one owner would be needed to make it legal and valid if more than one owner is noted on the deed. The important aspect is each home is allotted for instance only 1 vote; therefore, even if there is more than one owner they must agree on how to cast the vote for the property. If only one owner shows up for a meeting to vote, then that owner gets to cast the vote and does not need any signature approval from other owners. Same with the proxy in that only one approval is needed to cast a vote.

imo; the 'member' of the corporation, usually the owner of the property

member or members ..... good ????

-> attorney for accurate (hopefully) answer

Hi Simone:

It would be one of the owners on the deed who are members of the association.

For example my husband was out of town alot and he gave a proxy to our homeowner's attorney which in turn gave the attorney an official reason to be at any meetings of the association, since the attorney was not a member (even though representing homeowners). Now even though I also attended the meetings the attorney via his proxy for my husband and I would make mutual agreement on casting the vote for our lot. In essence the proxy gave the attorney access to all association activities in case anyone wanted to deny access due to not being a member.