HOA Proxies

SusanH12 (Louisiana)
Posts: 2

Posted:

I hold 25 proxies for our upcoming election. Do I need to fill out and sign a seperate ballot for each proxy.

JohnB26 (South Carolina)
Posts: 1,569

Posted:

imo: yes ~ you need to cast 1 vote for each proxy

SusanH12 (Louisiana)
Posts: 2

Posted:

Thank John. My HOA has not used proxies before and since we have 2 attornies in the HOA and we need to be sure every 'i' is dotted, and 't' crosseddo Do I attach each proxy to the ballot, and sign my name?

Thank for your help

TimB4 (Tennessee)
Posts: 21,059

Posted:

Quote:

Posted By SusanH12 on 01/28/2013 2:46 PM
Do I attach each proxy to the ballot, and sign my name?

Susan,

Expecting that your governing documents do not prohibit voting by proxy, the typical procedure would be:
you would present the proxies to the Association.
The Association would verify the proxies are valid
The Association would verify the member has a right to cast a ballot (assessments are current)
The Association would then provide you one ballot for each valid proxy
(Don't forget to pick up your own ballot)

Proxies are typically addressed in Corporation law. If your Association is incorporated as a nonprofit corporation (most are)then the applicable law would be Title 12, Chapter 2 Louisiana NONPROFIT CORPORATION LAW (RS 12:201 through RS 12:269. Specifically RS 12:232 [emphasis added]:

§232. Voting of members

C.(1) A member shall have the right to cast his vote either in person or, unless the articles or by-laws specifically prohibit voting by proxy, by proxy duly authorized in writing, signed by the member and filed with the secretary at or before the meeting.

(2) The authority of the holder of a proxy to act shall not be revoked by the death of the member who executed the proxy unless, before the authority is exercised, written notice of such death is received by the corporate officer responsible for maintaining the list of members.

(3) A proxy shall be revocable at will, unless otherwise validly provided by agreement or by any provision of the proxy. The validity of every unrevoked proxy shall cease eleven months after the date of its execution, unless some other definite period of validity shall expressly be provided therein; but in no case shall an outstanding proxy be valid for longer than three years. The revocation of a proxy (if revocable) shall not be effective until written notice thereof has been given to the secretary of the corporation, or unless a proxy of later date is filed with the secretary at or before the meeting.

(4) A proxy regular on its face, and signed in the name of a member entitled to vote at the meeting, shall be deemed valid unless challenged before it is voted, and the burden of proving invalidity shall be on the challenger.

(5) When shares are registered in the names of two or more persons (other than fiduciaries), a proxy signed by any one or more of them shall be deemed valid, unless the corporation receives written notice to the contrary from a non-signing registered holder before the proxy is voted.

Hope this helps,

Tim